Riga Graduate School of Law Interdisciplinary Studies Series Editorial Board:
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1 Riga Graduate School of Law Interdisciplinary Studies Series Editorial Board: George Ulrich (Ph.D) Mel Kenny (Dr.iur.) Ineta Ziemele (Ph.D) VOLUME 1 Riga Graduate School of Law Interdisciplinary Studies is an interdisciplinary series of refereed publications critically analysing current issues in European and international studies. While embracing constitutional, institutional and substantive legal issues, the series aims to integrate legal, economic, philosophical, political and social science perspectives. Titles in the Riga Graduate School of Law Interdisciplinary Studies series are intended to be of particular interest to academics, policy makers and practitioners, as well as national and international governmental and non-governmental institutions and bodies. Established in 1998, the Riga Graduate School of Law (RGSL) has emerged as a pre-eminent centre of legal education and research in the Baltic States. The Riga Graduate School of Law Interdisciplinary Studies series documents the broad range of innovative scholarly work undertaken by RGSL academic staff, students and global faculty.
2 Ineta Ziemele SEPARATE OPINIONS AT THE EUROPEAN COURT OF HUMAN RIGHTS Riga, 2017
3 Ziemele, Ineta. Separate opinions at the European Court of Human Rights / Ineta Ziemele. - Riga: Riga Graduate School of Law, 2017, 335 p. Managing editor: Ligita Gjortlere Graphical design: Anda Nordena Ineta Ziemele, 2017 Riga Graduate School of Law, 2017 ISBN
4 5 TABLE OF CONTENTS INETA ZIEMELE. The Nature and Role of Separate Opinions I. Admissibility Criteria and the Scope of the Convention, Strike Out CASE OF PARRILLO v. ITALY JOINT PARTLY DISSENTING OPINION OF JUDGES CASADEVALL, ZIEMELE, POWER-FORDE, DE GAETANO AND YUDKIVSKA CASE OF MUSTAFA TUNÇ AND FECİRE TUNÇ v. TURKEY JOINT CONCURRING OPINION OF JUDGES SPIELMANN, VILLIGER, KARAKAŞ, ZIEMELE AND SPANO CASE OF GROSS v. SWITZERLAND JOINT DISSENTING OPINION OF JUDGES SPIELMANN, ZIEMELE, BERRO-LEFÈVRE, ZUPANČIČ, HAJIYEV, TSOTSORIA, SICILIANOS, AND KELLER CASE OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS v. THE UNITED KINGDOM JOINT CONCURRING OPINION OF JUDGES ZIEMELE AND HIRVELA CASE OF BANNIKOV v. LATVIA CONCURRING OPINION OF JUDGE DE GAETANO, JOINED BY JUDGE ZIEMELE CASE OF MC FARLANE v. IRELAND JOINT DISSENTING OPINION OF JUDGES GYULUMYAN, ZIEMELE, BIANKU AND POWER CASE OF HUTTEN-CZAPSKA v. POLAND II. ECHR and Inter-State Disputes...45 CASE OF CHIRAGOV AND OTHERS v. ARMENIA PARTLY CONCURRING, PARTLY DISSENTING OPINION OF JUDGE ZIEMELE
5 6 CASE OF SARGSYAN v. AZERBAIJAN CASE OF ALIŠIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA, CROATIA, SERBIA, SLOVENIA AND THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA III. Application of ECHR in Time CASE OF O KEEFFE v. IRELAND IV Interpretation of ECHR in Light of Relevant International Law...69 CASE OF AL-DULIMI AND MONTANA MANAGEMENT INC. v. SWITZERLAND PARTLY DISSENTING OPINION OF JUDGE ZIEMELE CASE OF AVOTIŅŠ v. LATVIA JOINT DISSENTING OPINION OF JUDGES ZIEMELE, BIANKU AND DE GAETANO CASE OF VASILIAUSKAS v. LITHUANIA DISSENTING OPINION OF JUDGE ZIEMELE CASE OF MARGUŠ v. CROATIA JOINT CONCURRING OPINION OF JUDGES ZIEMELE, BERRO-LEFÈVRE AND KARAKAŞ CASE OF JANOWIEC AND OTHERS v. RUSSIA JOINT PARTLY DISSENTING OPINION OF JUDGES ZIEMELE, DE GAETANO, LAFFRANQUE AND KELLER CASE OF MAKTOUF AND DAMJANOVIĆ v. BOSNIA AND HERZEGOVINA CASE OF MOCANU AND OTHERS v. ROMANIA DISSENTING OPINION OF JUDGE ZIEMELE, JOINED BY JUDGE ŠIKUTA
6 7 CASE OF SHOLOKHOV v. ARMENIA AND THE REPUBLIC OF MOLDOVA JOINT DISSENTING OPINION OF JUDGES ZIEMELE AND TSOTSORIA CASE OF TONIOLO v. SAN MARINO AND ITALY CASE OF BOYAJYAN v. ARMENIA CASE OF LALMAHOMED v. THE NETHERLANDS CASE OF HANDÖLSDALEN SAMI VILLAGE AND OTHERS v. SWEDEN PARTLY DISSENTING OPINION OF JUDGE ZIEMELE CASE OF VARNAVA AND OTHERS v. TURKEY CASE OF ANDREJEVA v. LATVIA PARTLY DISSENTING OPINION OF JUDGE ZIEMELE CASE OF KONONOV v. LATVIA JOINT DISSENTING OPINION OF JUDGES FURA-SANDSTRÖM, DAVÍD THÓR BJÖRGVINSSON AND ZIEMELE CASE OF HIRSCHHORN v. ROMANIA CONCURRING OPINION OF JUDGE CAFLISCH, JOINED BY JUDGE ZIEMELE (Translation) V. Absolute Rights CASE OF F.G. v. SWEDEN JOINT SEPARATE OPINION OF JUDGES ZIEMELE, DE GAETANO, PINTO DE ALBUQUERQUE AND WOJTYCZEK CASE OF MUSTAFA TUNÇ AND FECİRE TUNÇ v. TURKEY JOINT DISSENTING OPINION OF JUDGES SPIELMANN, KARAKAŞ, ZIEMELE, LÓPEZ GUERRA, AND DE GAETANO (Translation)
7 8 CASE OF ROHLENA v. THE CZECH REPUBLIC CASE OF Y v. LATVIA JOINT CONCURRING OPINION OF JUDGES ZIEMELE AND NICOLAOU CASE OF CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CÂMPEANU v. ROMANIA JOINT PARTLY DISSENTING OPINION OF JUDGES ZIEMELE AND BIANKU CASE OF ZARZYCKI v. POLAND JOINT DISSENTING OPINION OF JUDGES ZIEMELE AND KALAYDJIEVA CASE OF S.H.H. v. THE UNITED KINGDOM JOINT DISSENTING OPINION OF JUDGES ZIEMELE, DAVID THÓR BJÖRGVINSSON AND DE GAETANO CASE OF HARITONOV v. MOLDOVA SEPARATE OPINION OF JUDGE ZIEMELE JOINED BY JUDGE GYULUMYAN CASE OF GIULIANI AND GAGGIO v. ITALY JOINT PARTLY DISSENTING OPINION OF JUDGES ROZAKIS, TULKENS, ZUPANČIČ, GYULUMYAN, ZIEMELE, KALAYDJIEVA AND KARAKAŞ (Translation) JOINT PARTLY DISSENTING OPINION OF JUDGES TULKENS, ZUPANČIČ, ZIEMELE AND KALAYDJIEVA CASE OF CARABULEA v. ROMANIA PARTLY DISSENTING OPINION OF JUDGE ZIEMELE CASE OF GÄFGEN v. GERMANY JOINT PARTLY CONCURRING OPINION OF JUDGES TULKENS, ZIEMELE AND BIANKU (Translation) JOINT PARTLY DISSENTING OPINION OF JUDGES ROZAKIS, TULKENS, JEBENS, ZIEMELE, BIANKU AND POWER
8 9 VI. Qualified Rights CASE OF HÄMÄLÄINEN v. FINLAND CASE OF NATIONAL UNION OF RAIL, MARITIME AND TRANSPORT WORKERS v. THE UNITED KINGDOM JOINT CONCURRING OPINION OF JUDGES ZIEMELE, HIRVELÄ AND BIANKU CASE OF VALLIANATOS AND OTHERS v. GREECE JOINT CONCURRING OPINION OF JUDGES CASADEVALL, ZIEMELE, JOČIENĖ AND SICILIANOS (Translation) CASE ANIMAL DEFENDERS INTERNATIONAL v. THE UNITED KINGDOM JOINT DISSENTING OPINION OF JUDGES ZIEMELE, SAJÓ, KALAYDJIEVA, VUČINIĆ AND DE GAETANO CASE X AND OTHERS v. AUSTRIA JOINT PARTLY DISSENTING OPINION OF JUDGES CASADEVALL, ZIEMELE, KOVLER, JOČIENĖ, ŠIKUTA, DE GAETANO AND SICILIANOS (Translation) CASE OF NENKOVA LALOVA v. BULGARIA PARTLY DISSENTING OPINION OF JUDGES ZIEMELE, NICOLAOU AND BIANKU CASE OF GENDERDOC-M v. MOLDOVA JOINT DISSENTING OPINION OF JUDGES GYULUMYAN AND ZIEMELE CASE OF DIAMANTE AND PELLICCIONI v. SAN MARINO DISSENTING OPINION OF JUDGE ZIEMELE JOINED BY JUDGE TSOTSORIA CASE OF SINDICATUL PĂSTORUL CEL BUN v. ROMANIA JOINT DISSENTING OPINION OF JUDGES ZIEMELE AND TSOTSORIA CASE OF TSATURYAN v. ARMENIA
9 10 CASE OF ARVELO APONTE v. THE NETHERLANDS JOINT DISSENTING OPINION OF JUDGES ZIEMELE, TSOTSORIA AND PARDALOS CASE OF GILLBERG v. SWEDEN JOINT DISSENTING OPINION OF JUDGES GYULUMYAN AND ZIEMELE CASE OF PERDIGAO v. PORTUGAL JOINT CONCURRING OPINION OF JUDGES ZIEMELE AND VILLIGER CASE OF FUŞCĂ v. ROMANIA DISSENTING OPINION OF JUDGE ZIEMELE CASE OF GROSARU v. ROMANIA CASE OF SANOMA UITGEVERS B.V. v. THE NETHERLANDS DISSENTING OPINION OF JUDGE POWER JOINED BY JUDGES GYULUMYAN AND ZIEMELE CASE OF STOLL v. SWITZERLAND CASE OF EVANS v. THE UNITED KINGDOM JOINT DISSENTING OPINION OF JUDGES TÜRMEN, TSATSA-NIKOLOVSKA, SPIELMANN AND ZIEMELE VII. Effective Remedies and Procedures CASE OF LIĢERES v. LATVIA DISSENTING OPINION OF JUDGE ZIEMELE CASE OF SALDUZ v. TURKEY JOINT CONCURRING OPINION OF JUDGES ROZAKIS, SPIELMANN, ZIEMELE AND LAZAROVA TRAJKOVSKA CASE OF SATIK v. TURKEY (No. 2)
10 11 CASE OF HERMI v. ITALY JOINT DISSENTING OPINION OF JUDGES ROZAKIS, SPIELMANN, MYJER AND ZIEMELE (Translation) CASE OF McKAY v. THE UNITED KINGDOM JOINT SEPARATE OPINION OF JUDGES ROZAKIS, TULKENS, BOTOUCHAROVA, MYJER AND ZIEMELE VIII. Just Satisfaction CASE OF ROMAN ZAKHAROV v. RUSSIA PARTLY DISSENTING OPINION OF JUDGE ZIEMELE CASE OF VINTER AND OTHERS v. THE UNITED KINGDOM CASE OF BARBORSKI v. BULGARIA CASE OF DİSK AND KESK v. TURKEY JOINT DISSENTING OPINION OF JUDGES ZIEMELE AND KARAKAŞ TABLE OF CASES INDEX
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