1. English for Lawyers 4 Lecturer: Miljen Matijašević Session 7
Session 7

2. Revision
The Protection of Human Rights in Europe

3. Revision – ECHR
When was the COE founded and how many member states are there?
What is its principal document?
What are some of its aims?
How many judges are there in the ECHR?
How is the court organised?
What is the task of the committees for admissibility?
Who can file an application with the Court?
Can the application be in the applicant's mother tongue?
Are the decisions of the Chambers final?

4. Pretty v United Kingdom
(ECtHR 2002)

5. Pretty v United Kingdom (ECHR)
Diane Pretty was suffering from motor neurone disease
paralyzed from neck down, could hardly speak, fed by a tube
wanted to commit suicide but was unable to
wished her husband to assist her

6. Pretty v United Kingdom (ECHR)
Director of Public Prosecutions refused the request not to prosecute her husband
appeal to the House of Lords – refused
appeal to the European Court of Human Rights
grounds for application:
violation of Articles 2, 3, 8, 9 and 14 of the European Convention on Human Rights

7. Pretty v United Kingdom (ECHR)
Art 2: ‘the right to life shall be protected by law’
Art 3: ‘No one shall be subjected to ... inhuman or degrading treatment ...’
Art 8: ‘Everyone has the right to respect for his private and family life ...’
Art 9: ‘Everyone has the right to freedom of thought, conscience ... [this freedom] shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or the protection of the rights and freedoms of others.’

8. Pretty v United Kingdom (ECHR)
no violation of the Convention was found
the Court held that the right to life cannot be interpreted as the right to die
as regards Art 9 – the Court believed this right fell under the limitations laid down in the Article
Diane Pretty died soon after the decision was reached

9. Medić v Croatia
(ECtHR 2011)

10. Medić v. Croatia
On 3 June 1994 the applicant applied for the enforcement of a final judgment of the Omiš Municipal Court ordering a certain N.B. to pay him a sum of money. An enforcement order to that effect was issued on 14 September The enforcement order was to be carried out by selling a real estate owned by N.B. at a public tender. On 26 March a certain M.B. objected to the enforcement proceedings claiming that she was the co-owner of the real estate in question. The Municipal Court instructed M.B. to institute civil proceedings whereby she would claim her ownership and consequently the Municipal Court stayed the enforcement proceedings pending the outcome of these civil proceedings.

11. Medić v. Croatia
N.B. and M.B. went on to file lawsuits against the applicant. A decision was reached in this civil lawsuit by the Municipal Court, but was quashed by the Split County Court in 2004 and the case was remitted for retrial. The applicant lodged a complaint to the Constitutional Court regarding the length of enforcement proceedings (right to a trial within a reasonable time). In 2006 the Constitutional Court ruled in the favour of the applicant and awarded him HRK 7,800 in compensation, and ordered the Split County Court to accelerate proceedings relating to enforcement.

12. Medić v. Croatia
The Split County Court instructed the Omiš Municipality Court to resolve the civil lawsuit filed by N.B. The Court dismissed the case and reached a decision regarding enforcement, which became final on 8 January However, the enforcement is still pending. It had been 14 years since the original decision on enforcement had been reached (11 of which were after the RC ratified the Convention).

13. Medić v. Croatia
Medić claimed HRK 510, of pecuniary damage and EUR 16,000 of non-pecuniary damage. The ECHR granted him EUR 3,650 of non- pecuniary damage and EUR 550 for costs.

14. The Legal Foundations of the European Union

15. European Integration - history
idea of a united Europe born after World War II
the continent was devastated by the war
strong desire to prevent new conflicts
various initiatives brought together into the International Committee of the Movements for European Unity
the Hague Congress (7 May 1948), remembered as "The Congress of Europe"

16. European Integration - history
The Hague Congress - two models proposed:
a federative union of states (like the USA), supported by Belgium and France,
a form of intergovernmental co- operation, preferred by the UK
result: the Council of Europe (model 2)

17. European Integration - history
references to the economic and political union declared at the Hague Congress were dropped
this gave rise to the development of initiatives which led to the formation of the European Communities

18. European Integration
France dissatisfied with the scope of the Council of Europe
fear of Germany rising to military power again
Schuman (French foreign minister) initiated the formation of a union of the French and German coal and steel industries

19. European Communities European Coal and Steel Community
Treaty of Paris, 1951
France, Germany, Italy, Belgium, the Netherlands, Luxemburg
European Economic Community (single market)
Treaty of Rome, 1957
European Atomic Energy Community (Euratom)

20. European Communities Single European Act, 1986
formally establishes the economic and customs union, the single market and the four freedoms
free movement of:
goods
services
persons
capital
deadline for implementation: 1992

21. European Union
Treaty establishing the European Union (a.k.a. the Maastricht Treaty, 1992)
aims: a border-free area
common foreign and security policy
judicial and police co-operation
economic and monetary union
creation of the EURO
the euro put into circulation in 2002

22. European Union European Community (EEC+ECSC+Euratom)
The three pillars of the EU:
European Community (EEC+ECSC+Euratom)
Common Foreign and Security Policy
Justice and Home Affairs
pillar 1 – the EC has more powers to legislate directly
pillars 2&3 – intergovernmental co-operation

23. 1. European Community single market, common agricultural policy
economic and monetary union
EU citizenship, the Schengen Area
education and culture
transeuropean traffic networks,
health care,
science,
environmental protection
social policy

24. 2. Common Foreign and Security Policy
human rights
democracy
common defense policy
peace keeping

25. 3. Justice and Home Affairs
drug and arms trafficking,
terrorism,
human trafficking,
organised crime,
bribe and corruption

26. European Union Treaty of Amsterdam (1997) Treaty of Nice (2001)
implements the Schengen area
institutional reforms
Treaty of Nice (2001)
enables further enlargement

27. European Union Treaty of Lisbon (2007) Amends the existing treaties:
Treaty on European Union (formerly Maastricht)
Treaty on the Functioning of the European Union (formerly Rome)

28. European Union Treaty of Lisbon (2007)
unites the three pillars into one: the European Union
rearranges the competences of the EU in relation to MS
gives the EU legal personality
President of the EU (European Council)
stronger foreign policy role (High Representative of the EU)
enables further enlargement

29. European Union Treaty of Lisbon (2007)
extends co-decision between Parliament and Council, replaces unanimity in many areas
makes the Charter of Fundamental Rights legally binding
provides for the option to leave membership

30. Enlargement History
1951 – France, Germany, Italy, Belgium, the Netherlands, Luxemburg (6) 1973 – the UK, Ireland, Denmark (9) 1981 – Greece (10) 1986 – Portugal, Spain (12) 1995 – Sweden, Finland, Austria (15) 2004 – the Czech Republic, Slovakia, Poland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Malta, Cyprus (25) 2007 – Bulgaria, Romania (27) 2013 – Croatia (28)

31. Enlargement of the EU

32. Language Policy
Council Regulation (EEC) No. 1 of determining the languages to be used by the European Economic Community
lays down the official languages (French, Italian, Dutch and German) and the language policy of EEC member states (later applied to EU)
MULTILINGUALISM – a key feature of the EU

33. Language Policy
every EU citizen has the right to use their own language
all laws translated into and available in all EU languages
currently 24 official languages of the EU
working languages – determined by institutions for internal use

34. EU Legislation

35. Sources of EU law EU legislation: ECJ case law primary legislation
secondary legislation
ECJ case law

36. Primary EU Legislation
founding Treaties and all Treaties amending them
Treaties concerning accession of new Member States (accession treaties)

37. Secondary EU Legislation
legal acts issued by EU institutions
REGULATIONS (uredbe)
DIRECTIVES (direktive)
DECISIONS (odluke)
also:
RECOMMENDATIONS (preporuke)
OPINIONS (mišljenja)

38. Secondary EU Legislation
REGULATIONS – binding and directly applicable in all Member States, general application
DIRECTIVES – binding, only outline the goals to be achieved and direct how Member States should legislate in certain issues
DECISIONS – binding on the addressee(s) – an individual, group, company, Member State, etc.
RECOMMENDATIONS and OPINIONS – not binding

39. Thank you for your attention!