PhD Defense: Fundamental rights violations by private actors and the procedure before the European Court of Human Rights

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Academiegebouw

On 30 September 2022 Claire Loven will defend her dissertation at Utrecht University. The title of her thesis is: Fundamental rights violations by private actors and the procedure before the European Court of Human Rights. A study of verticalised cases.

This research focuses on fundamental rights violations by private actors and the procedure before the European Court of Human Rights (ECtHR). More specifically, the research is about the Court's current approach to so-called 'verticalised' cases. Verticalised cases are cases that originate from a conflict between two private actors at the domestic level. In other words, they refer to the situation in which a conflict between two private actors at the domestic level (a ‘horizontal’ conflict) turns into a case between a private actor and the State (a ‘vertical’ conflict) before the ECtHR. Although such verticalised cases make up a large portion of the Court’s case law, the particular nature of these cases as well as procedural issues that may arise in them has not received much attention.

To fill this gap, the research offers a detailed examination of verticalised cases coming before the Court. The characteristics of, and the Court’s approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one’s surroundings, cases involving a conflict between the right to reputation and private life and the right to freedom of expression, family life cases, and employer-employee cases). On the basis of this analysis, it is argued that the Court’s current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. To propose a resolution of these problems, developing a new approach to verticalised cases was part of the research. The proposed new approach comes down to a redesigned third-party intervention procedure.

Start date and time
End date and time
Location
Academiegebouw, Domplein 29, Utrecht
PhD candidate
Claire Loven
Dissertation
Fundamental rights violations by private actors and the procedure before the European Court of Human Rights. A study of verticalised cases.
PhD supervisor(s)
prof. mr. J.H. Gerards  
prof. dr. C.M.J. Ryngaert