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Protocol No. 7 to the European Convention On Human Rights: Thirty Years of Experience

Publication at Faculty of Law |
2014

Abstract

The article analyses the case-law of the European Court of Human Right regarding provisions of Protocol No. 7 to the European Convention on Human Rights. The Committee of Ministers adopted this protocol in 1984, and this year marks its 30th anniversary.

The analysis is contains five main areas corresponding to the substantial articles of the Protocol, namely: 1) procedural safeguards relating to expulsion of aliens (Article 1); 2) the right of appeal in criminal matters (Article 2); 3) compensation for wrongful conviction (Article 3); 4) the right not to be tried or punished twice (Article 4) and 5) equality between spouses (Article 5). Special attention is paid to the human rights of legal persons under this Protocol in view of the fact that the first judgment which found a violation of Protocol No. 7 in respect of a legal entity was issued in March 2014.