THE ADMISSIBILITY CRITERION UNDER ARTICLE 35(3)(b) ECHR: A ‘SIGNIFICANT DISADVANTAGE’ TO HUMAN RIGHTS PROTECTION?

@article{Vogiatzis2016THEAC,
  title={THE ADMISSIBILITY CRITERION UNDER ARTICLE 35(3)(b) ECHR: A ‘SIGNIFICANT DISADVANTAGE’ TO HUMAN RIGHTS PROTECTION?},
  author={Nikos Vogiatzis},
  journal={International and Comparative Law Quarterly},
  year={2016},
  volume={65},
  pages={185 - 211}
}
  • N. Vogiatzis
  • Published 1 January 2016
  • Law
  • International and Comparative Law Quarterly
Abstract The purpose of this contribution is to provide a critical overview of issues of principle related to the ‘significant disadvantage’ admissibility criterion under 35(3)(b) ECHR, in light of the ongoing debate on the Court's reform. It argues that the admissibility criterion: undermines direct access to justice at the international level; affects the right of individual petition to the Strasbourg Court; constitutes a misunderstanding of the subsidiarity principle within the Convention… 
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References

SHOWING 1-10 OF 51 REFERENCES
The European Court of Human Rights’ Rejection of Petitions Where the Applicant Has Not Suffered a Significant Disadvantage: A Discussion of Desirable and Undesirable Efforts to Safeguard the Operability of the Court
This article looks at one particular aspect of the ongoing assessment of the various reform processes set in motion to reform, or rescue, the European Court of Human Rights: the amendment of Article
Debating the Future of the European Court of Human Rights after the Interlaken Conference: Two Innovative Proposals
The purpose of this article is to give new impetus to the topical debate on reforming the ECHR in the wake of the Interlaken Conference, at which the ECHR states parties agreed on a roadmap for the
What is an ‘absolute right’? Deciphering Absoluteness in the Context of Article 3 of the European Convention on Human Rights
The answer to the question of what it means to say that a right is absolute is often taken for granted, yet still sparks doubt and scepticism. This article investigates absoluteness further, bringing
Whither the Margin of Appreciation
The doctrine of the margin of appreciation may be regarded as being among the most prominent judge-made legal constructs in European human rights jurisprudence. It is an analytical tool that guides
'Finishing off' cases: the radical solution to the problem of the expanding ECtHR caseload'
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Advisory jurisdiction and the European Court of Human Rights: a magic bullet for dialogue and docket-control?
Protocol 16 ECHR will provide for an extension of the advisory jurisdiction of the European Court of Human Rights (ECtHR), enabling highest national courts to request advisory opinions on questions
Redesigning the European Court of Human Rights: Embeddedness as a Deep Structural Principle of the European Human Rights Regime
The European Court of Human Rights (ECtHR) is the crown jewel of the world's most advanced international system for protecting civil and political liberties. In recent years, however, the ECtHR has
Restructuring the European Court of Human Rights: preserving the right of individual petition and promoting constitutionalism
To state that the European Court of Human Rights (“ECtHR” or “the Court”) has become a victim of its own success is an oft-repeated mantra. Yet to ring the death knell for what is undoubtedly the
Allowing the Right Margin: The European Court of Human Rights and The National Margin of Appreciation Doctrine: Waiver or Subsidiarity of European Review?
The doctrine of the national margin of appreciation is well established in the case law of the European Court of Human Rights. In applying this essentially judge-made doctrine, the Court imposes
Universality or Diversity of Human Rights? † Strasbourg in the Age of Subsidiarity
Over the past few years, the European Court of Human Rights has been criticised in several extrajudicial speeches in the United Kingdom. In this article the author, a judge of the Strasbourg Court,
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