Joseph E. Finnerty
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View article: The <i>Travaux Préparatoires</i> and Progressive Treaty Interpretation: Article 18 of the European Convention on Human Rights
The <i>Travaux Préparatoires</i> and Progressive Treaty Interpretation: Article 18 of the European Convention on Human Rights Open
Article 18 of the European Convention on Human Rights (ECHR) has become a central provision employed by the European Court of Human Rights in response to authoritarian practices in Europe over the last decade. Notwithstanding its increased…
View article: When is a State’s ‘Hidden Agenda’ Proven? The Role of the Merabishvili’s Three-Legged Evidentiary Test in the Article 18 Strasbourg Case Law
When is a State’s ‘Hidden Agenda’ Proven? The Role of the Merabishvili’s Three-Legged Evidentiary Test in the Article 18 Strasbourg Case Law Open
The increasingly litigated Article 18 echr aims at unmasking the ‘hidden agenda’ pursued by states that proclaim to be restricting human rights for legitimate reasons, but in fact do so for an ‘ulterior purpose’. These complaints generate …