"ARTICLE 1 ECHR" [2018] ELECD 25; in VerLoren van Themaat, Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2018) 703

Book Title: European Competition Law

Editor(s): VerLoren van Themaat, Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN: 9781786435460

Section: Chapter 18

Section Title: ARTICLE 1 ECHR

Number of pages: 10

Extract:

18 ARTICLE 1 ECHR* OBLIGATION TO RESPECT HUMAN RIGHTS The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.
OVERVIEW A. GENERAL B. THE ECHR: A SUPRA-NATIONAL HUMAN RIGHTS TREATY C. METHODS OF INTERPRETATION 1. General 2. The ECHR as a living instrument 3. The Vienna Treaty on the Law of Treaties, Sens Clair and Purposive Construction 4. Member State practice 5. Other sources of International Law (p.703) D. NO DIRECT BINDING EFFECT VIS-À-VIS THE EU PRIOR TO ACCESSION 18.15 1. No binding effect vis-à-vis the EU as such 18.15 2. No binding effect vis-à-vis the EU as holder of powers which have been deferred to it by the Member States 18.16 E. EU MEMBER STATE RESPONSIBILITY WHEN DEFERRING POWERS TO THE EU 18.17 1. General 18.17 2. Equivalent guarantees 18.21
18.01 18.02 18.02 18.04
18.06 18.12 18.13
A. GENERAL In relation to the ECHR, this part only contains case extracts on Article 1, outlining the ECHR's scope of application and methods of interpretation. The ECHR's substantive provisions and the case extracts regarding those provisions can be found under the relevant provisions of the Charter. The Annex provides a table showing the relevant Charter provisions in their order of appearance in the ECHR.
*
This chapter was written by Herman Speyart.
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Chapter 18 ARTICLE 1 ECHR
B. THE ...