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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 (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). 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 court is based in Strasbourg, France.
The European Court of Justice (ECJ), 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 Court of Cassation is the supreme court for civil and criminal cases in France. It is one of the country's four apex courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes Tribunal.
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.
Romania does not allow same-sex marriage or civil unions. In June 2018, the European Court of Justice ruled that under certain circumstances same-sex spouses of European Union citizens should be granted a right of residency in Romania. The Constitution of Romania does not define marriage directly, but Article 48 of the Constitution defines marriages between "spouses" as the foundation of the family.
Jehovah's Witnesses believe that God's kingdom is a literal government in heaven, ruled by Jesus Christ and 144,000 "spirit-anointed" Christians drawn from the earth, which they associate with Jesus' reference to a "new covenant". The kingdom is viewed as the means by which God will accomplish his original purpose for the earth, transforming it into a paradise without sickness or death. It is said to have been the focal point of Jesus' ministry on earth. They believe the kingdom was established in heaven in 1914, and that Jehovah's Witnesses serve as the kingdom's representatives on earth.
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 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.
Iulia Antoanella Motoc is a Romanian judge and international law expert, currently a Judge of the International Criminal Court. Before beginning her service at the Court, she was a Judge at the European Court of Human Rights, a professor at the University of Bucharest and a Judge at the Constitutional Court of Romania.
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.
The Statute of the Court of Justice of the European Union contains the main EU law rules on how the Court of Justice of the European Union should function. Founded in 1951, The CJEU sits in Luxembourg, and it operates in two sections: The European Court of Justice (ECJ) and the General Court (GC). A direct component of the EU, the five main goals of the CJEU are:
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.
Real Madrid Club de Fútbol, AE v EE, Société Éditrice du Monde SA is an ongoing case of the European Court of Justice (ECJ). The case, brought by the Spanish football club Real Madrid, alleges that French newspaper Le Monde defamed the club by publishing an article linking the club to a doctor known for doping. Although Spanish courts have awarded the football club damages, French courts have refused to uphold their judgment in the name of protecting freedom of the press. The French courts have sent a request for a preliminary ruling from the ECJ on whether the principle of mutual recognition of judgments outweighs the freedom of the press and freedom of expression. The ECJ will seek to reconcile the decisions of two national courts and determine the role of rights within the principle of mutual recognition.
Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland, Application no. 45036/98, was a decision taken by the Grand Chamber of the European Court of Human Rights (ECHR) which held that the Court's role is confined to ascertaining whether the effects of Member States' national adjudications are compatible with the European Convention on Human Rights.