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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: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
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