The European Convention for the Protection of Human Rights International Protection vs. National Restrictions
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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
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