THE EUROPEAN PUBLIC LAW

The European Public Law in the Field of the Protection of Human Rights is formed by the Priorities that the Court of European Union Sets.

The European Public Law in the Field of the Protection of Human Rights is formed by the Priorities that the Court of European Union Sets

Introduction

The concept of proportionality is not specifically mentioned in the text of the European Convention or any of its additional Protocols. Nevertheless, it has come to be recognized as one of the central principles governing the application of the rights and freedoms contained within these instruments. The significance that this concept has acquired for them does not, however, result from an approach to interpretation on the part of the Strasbourg institutions, which is either inappropriate or unwarranted; rather it justifies in the sense that it leads to proper development and application of the Convention's provisions given the general absence from them of an absolute quality in the guarantee afforded. However, it is perhaps inevitable that the application of such a concept will often prove to be controversial (Kokkinakis 2006, pp. 291-427).

Certainly, this might be expected, given the involvement of human rights. However, it is also partly a consequence of the level, which exercises judgment. The supranational character of the European Commission and Court of Human Rights' may induce deference and self-restraint in respect of conclusions reached at the national level. This pertains to the appropriateness of restrictions on rights and freedoms. This may not always be regarded as affording sufficient protection for the latter. In any event, even if such objections to rulings are not necessarily justified, there is scope for concern about the way in which the proportionality concept appears applicable with less rigor in certain cases. This may simply be a facet of the supranational self-restraint already mentioned, but there may also be assumptions about the relative significance of certain rights and interests, which might be open to question.

Discussion

The establishment of human rights Act of 2000 kept in view the different articles of the European convention on Human Rights, but it has not considered the protocols of the EHCR as such, and the protocols of the EHCR have not been given much importance in the development of the Human rights act of 2000 (Eylem 2003, pp. 55-91). When we study the Human rights act, we can see that they have followed the different articles of the European convention, but there is no discussion of the protocols of the European Commission in the Human rights act. The death penalty also abolished in UK through the Human rights act, but this thing implemented in the European convention. The Human rights act brought into parliament in the year 1998, and enforced in the year 2000, and at that time, the death penalty was not a part of the European Convention (Alexandrite 2008, pp. 124-345). Therefore, we can say that the Human rights act has not considered the protocols of the European convention.

The article 5 and the article 3 of the ECHR ...