Rechtsprechung
| EKMR, 06.12.1990 - 15070/89 |
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- EKMR, 06.12.1990 - 15070/89
- EGMR, 22.04.1993 - 15070/89
Wird zitiert von ... (0) Neu Zitiert selbst (6)
- EGMR, 26.10.1988 - 10581/83
NORRIS c. IRLANDE
Auszug aus EKMR, 06.12.1990 - 15070/89
He refers to the case-law of the European Court of Human Rights (Dudgeon judgment of 22 October 1981, Series A no. 45; Norris judgment of 26 October 1988, Series A no. 142) and invokes Article 8 of the Convention.Moreover, the Commission has had regard to the jurisprudence of the Court according to which the very existence of a legislation may continuously affect the exercise of a right under the Convention (cf. Eur. Court H.R. Dudgeon judgment of 22 October 1981, Series A no. 45, p. 18 para. 41) even in the absence of an individual measure of implementation (cf. Eur. Court H.R. Johnston and Others judgment of 18 December 1986, Series A no. 112, p. 21 para. 42) and even where the risk of such an implementation is minimal (cf. Eur. Court H.R. Norris judgment of 26 October 1988, Series A no. 142, p. 16 para. 33).
- EGMR, 22.10.1981 - 7525/76
DUDGEON c. ROYAUME-UNI
Auszug aus EKMR, 06.12.1990 - 15070/89
He refers to the case-law of the European Court of Human Rights (Dudgeon judgment of 22 October 1981, Series A no. 45; Norris judgment of 26 October 1988, Series A no. 142) and invokes Article 8 of the Convention.Moreover, the Commission has had regard to the jurisprudence of the Court according to which the very existence of a legislation may continuously affect the exercise of a right under the Convention (cf. Eur. Court H.R. Dudgeon judgment of 22 October 1981, Series A no. 45, p. 18 para. 41) even in the absence of an individual measure of implementation (cf. Eur. Court H.R. Johnston and Others judgment of 18 December 1986, Series A no. 112, p. 21 para. 42) and even where the risk of such an implementation is minimal (cf. Eur. Court H.R. Norris judgment of 26 October 1988, Series A no. 142, p. 16 para. 33).
- EGMR, 13.06.1979 - 6833/74
MARCKX v. BELGIUM
Auszug aus EKMR, 06.12.1990 - 15070/89
"Article 25 (Art. 25) of the Convention entitles individuals to contend that a law violates their rights by itself, in the absence of an individual measure of implementation, if they run the risk of being directly affected by it." (Eur. Court H.R., Marckx judgment of 13 June 1979, Series A no. 31 p. 13 para. 27).
- EKMR, 06.12.1979 - 7630/76
REED C. ROYAUME-UNI
Auszug aus EKMR, 06.12.1990 - 15070/89
In this respect the Commission recalls that an applicant who shows, from decided cases, that the point at issue has already been decided by the competent domestic authority is exempted, according to the generally recognised rules of international law, from the obligation to exhaust remedies (cf. No. 7630/76, Dec. 6.12.79, D.R. 19 p. 113 ; No. 8346/78, Dec. 4.3.80, D.R. 19 p. 233). - EKMR, 06.03.1980 - 8346/78
X. v. AUSTRIA
Auszug aus EKMR, 06.12.1990 - 15070/89
In this respect the Commission recalls that an applicant who shows, from decided cases, that the point at issue has already been decided by the competent domestic authority is exempted, according to the generally recognised rules of international law, from the obligation to exhaust remedies (cf. No. 7630/76, Dec. 6.12.79, D.R. 19 p. 113 ; No. 8346/78, Dec. 4.3.80, D.R. 19 p. 233). - EGMR, 18.12.1986 - 9697/82
JOHNSTON AND OTHERS v. IRELAND
Auszug aus EKMR, 06.12.1990 - 15070/89
Moreover, the Commission has had regard to the jurisprudence of the Court according to which the very existence of a legislation may continuously affect the exercise of a right under the Convention (cf. Eur. Court H.R. Dudgeon judgment of 22 October 1981, Series A no. 45, p. 18 para. 41) even in the absence of an individual measure of implementation (cf. Eur. Court H.R. Johnston and Others judgment of 18 December 1986, Series A no. 112, p. 21 para. 42) and even where the risk of such an implementation is minimal (cf. Eur. Court H.R. Norris judgment of 26 October 1988, Series A no. 142, p. 16 para. 33).