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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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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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