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28 September 2011 / Hle Blog
Issue: 7483 / Categories: Blogs
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ECtHR reform: deportation

HLE blogger Simon Hetherington examines the latest controversial decision of the ECtHR in light of plans to reform the court

In the news last week: the publication of interim advice to the government by the independent Commission on a Bill of Rights, on the reform of the European Court of Human Rights (ECtHR). Also in the news, the ruling in AA v UK, by that same court, that the UK cannot deport a young Nigerian who was convicted of rape in 2002. Moves for his deportation began in 2003; the long fight against it has now ended.

Reform of the court is a widely recognised need. In practical terms it is an overburdened beast. Some would maintain that in jurisprudential terms it is anomalous. Politically, it is regarded by many as meddlesome. AA v UK very effectively stokes the fire of objection to the role and rule of the court, and to the UK’s subordination to it.

Returning briefly to the case: the ECtHR’s ruling is based on Art 8 of the European Convention on Human Rights—the right to a private and family life. The life, it seems, that the young man is protecting has largely been developed since the deportation proceedings began. This irritates critics still further, because, presumably, if the legal process were more efficient he wouldn’t have had that human right to protect.

The time it takes for such proceedings to reach a conclusion is indeed objectionable. But the reason for that is the inherent unfairness to both or all parties in extended legal process, not because it happens to afford an unpalatable advantage to a person who is considered undesirable. So reform to the supra-national enforcement of the human rights convention is necessary. The interim advice makes a number of recommendations, in anticipation of the UK government’s taking over the chair of the Council of Europe..."

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Issue: 7483 / Categories: Blogs
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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