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dc.contributor.authorCHATZIVASSILIOU, Despinaen
dc.date.accessioned2006-05-29T13:44:55Z
dc.date.available2006-05-29T13:44:55Z
dc.date.issued1994
dc.identifier.citationFlorence : European University Institute, 1994en
dc.identifier.urihttps://hdl.handle.net/1814/4595
dc.descriptionDefence date: 28 October 1994
dc.descriptionExamining Board: Prof. Antonio Cassese (European University Institute, supervisor) ; Prof. Luis María Díez-Picazo Giménez (European University Institute) ; Prof. Christos Rozakis (University of Athens, Chamber Vice-President of the European Commission of Human Rights) ; Prof. Michele de Salvia (University of Milan, Deputy Secretary of the European Commission of Human Rights) ; Prof. Stephan Trechsel (University of St. Gallen, Chamber President of the European Commission of Human Rights)
dc.descriptionPDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
dc.description.abstractThe subject matter of the thesis is "pre-trial deprivation of liberty". The term has been used to describe a deprivation of liberty effected with a view to a criminal process, in other words, for the purpose of bringing and (finally) concluding criminal proceedings against the person deprived of his/her liberty. The applied criterion is thus the purpose for which the deprivation of liberty is effected. Such a purpose must qualify the deprivation of liberty from the first moment it occurs and throughout the period it lasts until release or conviction of the person. The term "pre-trial deprivation of liberty" has been selected for it is capable of covering the various forms deprivation of liberty may take during the various stages of a criminal process. More specifically, it encompasses arrest as the starting point of deprivation of liberty, police custody, as the initial stage of deprivation of liberty effected without, or prior to, judicial authorisation, and detention on remand, namely continuing deprivation of liberty authorised by a judicial decision. As far as the purpose of the thesis itself is concerned, it could be presented as twofold. In the first place it aims at offering an overall picture of the evolution of Strasbourg case-law on the subject. Two clarifications must be made at this point; one of restrictive character and the other of broadening character. The thesis does not include an exhaustive analysis of all the issues which have been decided by the European Commission of Human Rights and the European Court of Human Rights, concerning pre-trial deprivation of liberty. The purpose is instead to examine only those issues which have raised problems or which could, in my opinion, be reconsidered. Nor has the purpose of the analysis been limited to display the currently prevailing view on selected issues but rather to reveal the various tendencies and approaches adopted by the members of the Commission and the Court as expressed in the majority view as well as in the dissenting opinions. Reference to the Public Hearings before the Court and Pleading Memorials submitted by the parties is also significant and often capable of explaining the various positions taken by the majority and minority judges. Such an analysis facilitates the understanding and critique of the current prevailing view while remaining unaffected by future changes of the latter. It also offers the possibility of drawing suggestions and solutions from the various views and approaches, preparing in this way for the achievement of the second aim of the thesis. The second aspect of the thesis’ purpose is to criticise the existing case-law and attempt to suggest modes of interpretation which in future applications of the relevant provisions of the Convention could ensure a more effective protection to the individual against arbitrary deprivation of liberty.
dc.format.mimetypeapplication/pdf
dc.language.isoenen
dc.publisherEuropean University Instituteen
dc.relation.ispartofseriesEUIen
dc.relation.ispartofseriesLAWen
dc.relation.ispartofseriesPhD Thesisen
dc.rightsinfo:eu-repo/semantics/restrictedAccess
dc.subject.lcshBank liabilities
dc.subject.lcshInternational finance
dc.subject.lcshWarranty
dc.titlePre-trial deprivation of liberty under the European Convention on Human Rights : a critical appraisal of the Strasbourg case-lawen
dc.typeThesisen
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