Le principe du contradictoire dans le procès administratif (Bibliothèques de droit) (French Edition)
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The course dealt with the questions of admissibility criteria and the completing of the application form. The report, that is also made public, includes a complete overview of the cases pending before the Court that are launched against Estonia; an overview of the decisions and judgments made by the Court in respect of Estonia; an overview of the key decisions and judgments in respect of other Member States but with relevance to laws or administrative practice of Estonia. Further, the Government Agent always sends the ECtHR judgments in respect of Estonia together with a short summary explaining the judgment to the Ministry of Justice and other relevant ministries, the Chancellor of Justice and the Supreme Court.
The Ministry of Justice, in turn, forwards the relevant information to the e-mail list of the Estonian judges, so that the materials reach all the judges. One of the aims of the conference was to celebrate the year anniversary of Estonia joining the Convention system and its keynote speech was delivered by the President of the Court, Mr Guido Raimondi. The Convention is an integral part of the Estonian legal order and all domestic bodies vested with right of legislative initiative are warranted to ensure compliance of all national legislation with the Convention.
As a general practice, a draft law is, therefore, accompanied by an explanatory memorandum which analyses the compatibility of the draft law with the rights set out in the Convention. Additionally, the President of the Republic of the Estonia has a right not to promulgate a legislation adopted by the Parliament in case he or she finds it to be incompatible with the Constitution of Estonia. In general, it is the responsibility of the ministries to scrutinise the compliance of existing laws with the Convention and to initiate legislative amendments if necessary.
The compliance of the laws to the Convention is also verified within the framework of the constitutional review procedure at the Supreme Court. The compatibility of administrative practice to the Convention requirements is fostered by appropriate publication and dissemination of the relevant case-law of the Court to all the authorities concerned.
When relevant and necessary, appropriate training is provided to the decision makers. Additionally, courts are required to assess the conformity of administrative practice to the Convention standards if such compatibility issue rises. The Chancellor of Justice contributes further to the assessment of the compatibility of the draft laws, existing laws and administrative practice to the Convention provisions.
Within this competence the Chancellor analyses the petitions and proposals made to her concerning the amendments of acts, passage of new acts and activities of state agencies and, when necessary and appropriate, issues opinions, recommendations, requests and reports to the relevant body of authority. By interpreting and applying national law, all public bodies have the responsibility, therefore, to give due regard to the Convention provisions.
The fact that the Convention is incorporated into Estonian legal order and is directly applicable equally means that everyone who considers that his or her Convention rights have been violated can turn to respective public offices or courts for the protection of his or her rights.https://poddi.ru/wp-content/angelo/1728.php
CRH : Publications
The implementation of the Convention and the prevention of its violations are additionally safeguarded by the practices addressed under points b, c and d above. Action plans and reports are submitted within the stipulated deadlines. The Government Agent before the Court draws up action plans and reports in cooperation with a ministry or state agency that is responsible for the adoption of necessary measures. The payment of compensation is within the competence of the Ministry of Finance and has always been fulfilled in a timely manner. The responsibility to implement other individual or general measures rests on the state body in charge of the area in which the Court found a violation e.
The Code of Criminal Procedure, the Code of Misdemeanour Procedure, the Code of Civil Procedure and the Code of Administrative Court Procedure foresee a possibility of reopening proceedings before the Supreme Court once the Court has found a violation of the Convention and such a violation cannot be eliminated or damage caused thereby cannot be compensated otherwise than by means of review.
In Estonia the Government Agent before the Court located in the Ministry of Foreign Affairs is the coordinator of execution of judgments at the national level. After a violation is found by the Court the Government Agent notifies the relevant authorities about the case and presents her recommendations on how to implement the judgment and to ensure the prevention of similar violations in the future.
Subsequently, the relevant authorities submit their opinions and plans regarding the implementation of the judgment, as substantive execution of the judgment rests on a state agency in charge of the subject area. So far no violations raising structural problems have been found by the Court in respect of Estonia. Also, during the meetings of the Committee of Experts on the System of the European Convention on Human Rights and before the Committee of Experts on the Reform of the Court , the experts hold regular exchanges of information on various topics of mutual interest.
For example an exchange of information on the provision in the domestic legal order for re-examination or reopening of cases following judgments of the Court or an exchange of information on the implementation of the Convention and the execution of judgments of the Court have been held.
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At the beginning of , in cooperation with the Ministry of Foreign Affairs, the Riigi Teataja also published the Estonian translations of all the ECtHR judgments in respect of Estonia, which had previously been available only on the homepage of the Ministry of Foreign Affairs. The action plans and reports are thereafter published on the website of the Department insofar as the department has made them available. Estonia has maintained the resources that enable it to translate the judgments and decisions in respect of Estonia into Estonian.
Each year the Government Agent prepares a report for the Government, outlining the judgments and decisions made in respect of Estonia and the various aspects relating to their execution, including the need to amend legislation. The Ministry of Foreign Affairs Legal Department has established network of contacts involving officials of relevant ministries, the Supreme Court and the Parliament. Cooperation with them normally takes place according to the needs of a particular case at hand and in an unofficial manner.
The execution of the majority of cases in respect of Estonia has been relatively straightforward. The Court has also not found so far any violations raising structural problems that may demand wider changes in law and practice. Discussions among relevant stakeholders on the execution of judgments have, therefore, normally taken place on a case-by-case basis by means of information exchange and meetings.
Finlex is a public and free Internet service maintained by the Finnish Government Ministry of Justice which provides legislative and other judicial material. Finlex is available free of charge and available for everyone for instance in public libraries. Moreover, the Unit for Human Rights Courts and Conventions of the Ministry for Foreign Affairs provides the text of the Convention as well as complaint forms on request. Information on submitting human rights applications to the Court is available at the website of the Ministry for Foreign Affairs.
The website provides information on the admissibility and examination of applications and the execution of related judgments.
The website also provides instructions for submitting an application, a link to the case law website of the Court http: In respect of judgments concerning Finland, the data bank also provides the whole original text in English. Europe Information — the EU information service of the Ministry for Foreign Affairs — provides general instructions for submitting an application to the European Court of Human Rights https: The Supreme Court publishes a newsletter on European law, which also describes the most important new rulings by the European Court of Human Rights in its judgments in respect of each article of the Convention.
The newsletter also reports on other rulings considered useful for the administration of justice in Finland. The Parliamentary Ombudsman publishes an annual report, which includes summaries of the decisions and judgments issued by the Court and on monitoring the execution of the judgments concerning Finland https: The Human Rights Centre https: These reviews, circulated widely, report on significant new judgments of the Court. The Edilex real-time legal information service https: The service is subject to a charge.
As regards efforts at national level to improve the training of judges on the Convention and its implementation and the study visits at the Court for judges, t he training unit of the Ministry of Justice arranges training on human rights treaties and fundamental rights annually. The training is intended to support judges in their daily work by explaining the status of human rights treaties and fundamental rights in the administration of justice and by describing the content of such treaties and the principles for interpreting them. The obligations laid down in the Constitution of Finland are highly relevant for the legal basis of fundamental and human rights training intended especially for the national officials.
According to section 22 of the Constitution, the public authorities shall guarantee the observance of basic rights and liberties and human rights. The fulfilment of this obligation necessitates ensuring that the national officials have an adequate knowledge of fundamental and human rights, including the European Convention on Human Rights.
The course provides education on the European Convention on Human Rights as well. The Human Rights Centre, established in , is an important partner of the Government in the field of fundamental and human rights education and training since one of its statutory tasks is to promote fundamental and human rights education and training.
FEMMES QUI TUENT
Other key partners include municipalities as well as human rights organisations. With regard to strengthening the fundamental and human rights training of national officials, the Second National Action Plan on Fundamental and Human Rights focuses, in particular, on developing online materials and training on fundamental and human rights themes as part of, for example, the introductory training programme of new officials and training on legislative drafting. A course on fundamental and human rights for Government officials has already been conducted as a pilot project.
The online material related to the course and other material on fundamental and human rights have been published on the Government Intranet site where they are available to all Government officials. After completing the training, the participants spread the information further in their employer agencies, for instance by saving the received training material on joint work stations or giving presentations on their visit and the lessons learned to their department or agency meetings.
The European Convention on Human Rights has been incorporated into Finnish legislation by an Act of Parliament with the status of ordinary law. When drafting legislation, authorities must take account of the provisions of the Convention and the case law of the European Court of Human Rights. The Ministry of Justice has published a handbook for legislative drafters, which includes comprehensive information on how to take fundamental and human rights into account in legislative drafting.
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Government Bills for legislation are duly assessed in relation to the Constitution especially fundamental rights and human rights treaties, including the Convention, in order to ensure their full compliance. The function of the Constitutional Law Committee of Parliament is to issue statements on the constitutionality of legislative proposals and other matters brought to its consideration and on their relation to international human rights treaties section 74 of the Constitution.
The Committee's statements on constitutional and human rights issues are authoritative at the different stages of the readings in Parliament and constitute a central source of reference in assessing the implementation of fundamental and human rights. The Constitutional Law Committee emphasizes a human rights friendly interpretation of legislation. Once the Agent of the Government of Finland before the European Court of Human Rights receives judgments or decisions concerning Finland from the Court, she promptly informs the Courts and all domestic authorities which have been involved in each case concerned and always the Parliamentary Ombudsman, the Chancellor of Justice, the Supreme Court, the Supreme Administrative Court, the Constitutional Law Committee of Parliament and the Ministry of Justice of any such rulings.
In Finland the Agent of the Government works in a coordinating role for the swift and complete execution of the judgments and decisions of the Court in relation to the national level and to the Execution Department of the Committee of Ministers at the international level. The applicable principle is that the ministry within whose legislative jurisdiction the violation is found is responsible for the national actions to execute the judgment or decision.
This may require general measures, individual measures, payment of compensation or other forms of action. At the end of , it was granted an A status according to the Paris Principles. The Human Rights Centre started its work at the beginning of The Human Rights Centre does not consider complaints or other individual cases. The Centre is linked to the Office of the Parliamentary Ombudsman. The Parliamentary Ombudsman appoints the Delegation for a four-year term at a time. Presently the Centre has a Director and three expert level officials. The Delegation functions as a cooperative body in the field and helps to intensify information flow between the different actors.
It also deals with human rights issues of a far-reaching significance and principal importance. Provisions on the mandate of the Parliamentary Ombudsman are laid down in the Constitution of Finland section The Ombudsman oversees the legality of actions taken by the authorities, primarily by investigating complaints received. He can take matters under investigation on his own initiative. The Ombudsman also conducts on-site investigations in public offices and institutions and issues statements.
Action plans and reports are drafted by the Government Agent in cooperation with the relevant ministries. The work of the Government Agent is based on an established procedure in this respect followed already from s. If need be, necessary contact at the level of the relevant highest officials or exceptionally even at the level of ministers will be taken.
Should the execution require input from other authorities, the contacts with such authorities and the acquisition of information is undertaken, depending on the case at issue, through the relevant ministries or directly. Furthermore, a judgment passed by the European Court of Human Rights may constitute grounds for reversing a domestic judgment. In the execution of judgments, each ministry is responsible for safeguarding fundamental and human rights in its own field.
If a final judgment against Finland orders compensation to be paid to the applicant, it is paid by the State Treasury, which is responsible for the financial management of the State. When the Court has found against Finland, the domestic legislation or administrative practice has been amended in order to prevent any further similar violations.
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According to the Act a party may be entitled to monetary compensation payable from State funds for undue delays in judicial proceedings. These remedies have been explained in more detail in the Government's report on the implementation of the Brighton Declaration. The Government is of the view that the Steering Committee for Human Rights CDDH , its expert committees and drafting groups as well as annual meetings of the Government Agents provide excellent opportunities for the exchange of information, views and good practices with other Contracting States.
The judgments in English along with summaries of the judgments in Finnish are also published in the Finlex data bank. See above 1 f above.