Friendly
Settlements Before the European Court of Human Rights: Theory and
Practice
Helen
Keller; Lorenz
Engi; Magdalena Forowicz - Oxford Univ
Press 2010
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the European
Court of Human Rights evaluates this largely unexplored
instrument from doctrinal as well as practical perspectives, making
recommendations to render the negotiations before the ECtHR more efficient and
professional.
The book examines questions relating to the admissibility
as well as to the practical manageability of friendly settlements. In contrast
to ordinary civil proceedings, the friendly settlements procedure has a mixed
legal character: while settlements are an inter-partes procedure, they are also
binding under international law, as the ECtHR often hands them down in the form
of a judgment. In this context, the question arises as to how far the
proceedings can be 'privatized' and where the limits to the monetization of
human rights violation lie. This book evaluates possible abuses and identifies
the precautions that need to be taken in the framework of friendly settlements.
This issue is linked to the question of whether the legal framework which
governs the conclusion of a friendly settlement should be formulated in a more
concrete manner, given that the position of the parties is unequal and that the
role of the Court is hardly defined in this context. Furthermore, the book
empirically examines whether the friendly settlement procedure is as
advantageous in comparison to ordinary proceedings as others have argued. It
also questions whether the friendly settlements procedure can provide the
applicant with 'more money faster'.
