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The European Court of Justice on The European Convention on Human Rights
註釋The place of the European Convention on Human Rights within the legal order of the European Union has been the subject of much controversy over the past twenty years. It is now almost twenty-five years since the European Court of Justice in Luxembourg first referred specifically to the Human Rights Convention in one of its judgments. Since then it has considered and commented on almost all of the substantive articles of the Human Rights Convention in the context of European Community law.
For the first time, these references to the European Convention on Human Rights by the European Court of Justice, the Court of First Instance and the Advocates General of the two courts have been brought together. Each substantive right conferred by the Convention is considered in turn.
This book presents extensive extracts from these cases, permitting the reader to follow the development of the Court's thinking on each article of the European Convention on Human Rights. It is an invaluable reference work for any practitioner, academic lawyer or student working in the field of human rights or European Community law who needs to look at the source material which shows how the European Court of Justice has handled its Member States' obligations on human rights.