The European Convention for the Protection of Human Rights : International Protection Versus National Restrictions

The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention `in time of war or other public emergency, threatening the life of the nation'; most of the rights and liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the `system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more `reasoned' conception of the reason of State. Has a `Europe of human rights' begun to develop through the complex interplay of national and European norms? This is the question raised in this fascinating book. __Mireille Delmas-Marty__ is professor of Law at the Université de Paris 1 (Panthéon -- Sorbonne) and Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris. Table of Contents Acknowledgments General Introduction PART I The Ambiguity of the European System Introduction: Restraining or Legitimating the Reason of State? CHAPTER I Terrorism* CHAPTER II Control of Aliens CHAPTER III The Press CHAPTER IV Public Morals PART II The Resistance of the States Introduction: Abuses of the Reason of State CHAPTER I Belgium CHAPTER II The Federal Republic of Germany CHAPTER III France CHAPTER IV Greece* CHAPTER V Iberian Peninsula: Spain and Portugal* CHAPTER VI Italy CHAPTER VII The Netherlands CHAPTER IX Switzerland CHAPTER X United Kingdom PART III The Dynamics of the European-State Relation INTRODUCTION A "Reasoned" Conception of the Reason of State CHAPTER I The Original Canons of Interpretation of the European Court of Human Rights CHAPTER II The Richness of Underlying Legal Reasoning The author insists neither the ambiguity of the European system for the Protection of Human Rights, nor the resistance of States to the system of the European must be overlooked. He asks "Has a Europe of Human Rights" begun to develop through the complex interplay of national and European norms? Logic". II. Positive obligations imposed upon the State : a logic I. From 1953 to 1969 : criminal law policies founded on the model Rights and criminal law policies in Italy since World War II. IV 8-11 of the Convention). VI. "Measures necessary in a democratic Convention by the Judiciary. IV. Reception of the Convention by Of an authoritarian State. II. From 1974 onwards : criminal law I. Legitimized restrictions and derogations. II. Unacceptable I. The obligations for the State not to interfere : a "fuzzy Relative protection and the national margin of appreciation I. Legality. II. Legitimacy. III. Democratic necessity