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Judge Rapporteur or Judge-Rapporteur is a term for one of Judge in Panel or Chamber of Judges, who is nominated to write case report as rapporteur for other Judges, usually in European courts.
In European Court of Human Rights (ECHR), the term Judge Rapporteur is defined under Rule 1(k), 48 and 49 of 'Rules of Court [1] '.
In European Court of Justice (ECJ), the term Judge-Rapporteur is defined under article 15 of 'Rules of Procedure of the Court of Justice [2] . According to article 15(1), a Judge-Rapporteur in ECJ is Judge to act as rapporteur in the case, designated by the President of ECJ. Since there is always only one Judge-Rapporteur in one case, judicial assistants named 'Assistant Rapporteur' under article 17(2)(b) of the Rule can be appointed to assist the Judge-Rapporteur.
The Judge-Rapporteur in ECJ writes preliminary report of the case about who should handle the case, and how the case should be handled in pre-trial written stage under article 59 of the Rules, including issues about whether legal aid is need under article 116. The proposal of Judge-Rapporteur is considered seriously inside the Court, as article 33 of the Rule requires Judge-Rapporteur cannot be abstained from the deliberation of the case. Following, each of judgments and orders of ECJ should contain information about who was Judge-Rapporteur of the case according to article 87(d) and 89(e) of the Rules.
The European Court of Human Rights, also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France.
The European Court of Justice, formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU).
The General Court, informally known as the European General Court (EGC), is a constituent court of the Court of Justice of the European Union. It hears actions taken against the institutions of the European Union by individuals and member states, although certain matters are reserved for the European Court of Justice. Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law. Prior to the coming into force of the Lisbon Treaty on 1 December 2009, it was known as the Court of First Instance.
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".
In France, the Council of State is a governmental body that acts both as legal adviser to the executive branch and as the supreme court for administrative justice. Established in 1799 by Napoleon as a successor to the King's Council, it is located in the Palais-Royal in Paris and is primarily made up of top-level legal officers. The Vice President of the Council of State ranks as the ninth most important civil servant in France.
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009.
R v Secretary of State for Transport was a judicial review case taken against the United Kingdom government by a company of Spanish fishermen who claimed that the United Kingdom had breached European Union law by requiring ships to have a majority of British owners if they were to be registered in the UK. The case produced a number of significant judgements on British constitutional law, and was the first time that courts held that they had power to restrain the application of an Act of Parliament pending trial and ultimately to disapply that Act when it was found to be contrary to EU law.
The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases is a directive of the European Union in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It harmonises the treatment of databases under copyright law and the sui generis right for the creators of databases which do not qualify for copyright.
The five techniques are illegal interrogation methods which were originally developed by the British military in other operational theatres and then applied to detainees during the Troubles in Northern Ireland. They have been defined as prolonged wall-standing, hooding, subjection to noise, deprivation of sleep, and deprivation of food and drink.
The EFTA Court is a supranational judicial body responsible for the three EFTA members who are also members of the European Economic Area (EEA): Iceland, Liechtenstein and Norway.
The Constitutional Court of Korea is highest constitutional court in judicial branch of South Korea, seated in Jongno, Seoul. Established under Chapter 6 of the Constitution of South Korea, the Court has ultimate jurisdiction over judicial review on constitutionality of statute, review of all Impeachments, decision on Prohibition and Dissolution of political parties, competence dispute about demarcation of power among central government agencies and local governments, and adjudication of constitutional complaint. It is composed of nine Justices, and one of them is President of the Constitutional Court of Korea. The Constitutional Court of Korea has equivalent status as one of two highest courts in South Korea. The other is the Supreme Court of Korea.
The Supreme Court of Korea is the highest ordinary court in the judicial branch of South Korea, seated in Seocho, Seoul. Established under Chapter 5 of the Constitution of South Korea, the Court has ultimate and comprehensive jurisdiction over all cases except those cases falling under the jurisdiction of the Constitutional Court of Korea. It consists of fourteen Justices, including the Chief Justice of the Supreme Court of Korea. The Supreme Court is at the top of the hierarchy of all ordinary courts in South Korea, and traditionally represented the conventional judiciary of South Korea. The Supreme Court has equivalent status as one of the two highest courts in South Korea. The other is the Constitutional Court of Korea.
Iulia Antoanella Motoc is a Romanian judge and international law expert, currently a Judge at the European Court of Human Rights and a professor at the University of Bucharest. Before beginning her service at the Court, she served as a Judge at the Constitutional Court of Romania. Motoc was UN Special Rapporteur for the Democratic Republic of the Congo and she chaired a number of international experts bodies and was Vice-President of the UN Human Rights Committee. On 1 October 2013, the Parliamentary Assembly of the Council of Europe elected Motoc a Judge of the European Court of Human Rights with respect to Romania. She received an absolute majority of votes cast by parliamentarians. Her nine-year term of office began on December 18, 2013. In August 2021, she was elected as a member of the Institut de Droit International
The European Union's (EU) Treaty of Lisbon, in force since 1 December 2009, requires the EU to accede to the European Convention on Human Rights (ECHR). Article 6 of the consolidated Treaty on European Union states "The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Treaties." The EU would thus be subject to its human rights law and external monitoring as its member states currently are. It is further proposed that the EU join as a member of the Council of Europe now that it has attained a single legal personality in the Lisbon Treaty.
Demir and Baykara v Turkey [2008] ECHR 1345 is a landmark European Court of Human Rights case concerning Article 11 ECHR and the right to engage in collective bargaining. It affirmed the fundamental right of workers to engage in collective bargaining and take collective action to achieve that end.
R v Horncastle & Others[2009] UKSC 14 was a decision of the Supreme Court of the United Kingdom regarding hearsay evidence and the compatibility of UK hearsay law with the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR). The case represents another stage in the judicial dialogue between the European Court of Human Rights (ECtHR) and the higher courts of the United Kingdom about whether it is acceptable to base convictions "solely or to a decisive extent" on evidence made by a witness who is identified but does not appear in court.
The judiciary of Poland are the authorities exercising the judicial power of the Polish state on the basis of Chapter 8 of the Constitution of Poland. As in almost all countries of continental Europe, the Polish judiciary operates within the framework of civil law.
Opinion 2/13 (2014) is an EU law case determined by the European Court of Justice, concerning the accession of the European Union to the European Convention on Human Rights, and more generally the relationship between the European Court of Justice and European Court of Human Rights.
In the European Union, the advocates general are high-ranking functionaries serving in the European Court of Justice (ECJ). Modelled after the French commissaire du gouvernement, the position of advocate general was created together with the European Court of Justice in 1951, when the Treaty of Paris was signed.
Rapporteur Judge or Rapporteur-Judge is a term for number of judicial officials similar to judicial assistant at highest court, usually functioning as rapporteur while having status equivalent to lower ordinary court judges.