Van Der Mussele Case

Abstract

State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Lawyers’ obligation to defend accused without payment — Whether constituting forced or compulsory labour — Whether discrimination compared to other professions — Deprivation of property rights — Whether applicable to remuneration of services

Treaties — Interpretation of — Miscellaneous — European Convention on Human Rights, 1950 — Whether case raises serious questions of interpretation — Meaning of phrase “forced or compulsory labour” — Lack of definition in Convention — Interpretation in light of International Labour Organization Conventions

Disputes — Other international courts — European Court of Human Rights — Whether case raises serious questions affecting interpretation of European Convention on Human Rights, 1950 — Jurisdiction of Chamber of Court — Whether to be relinquished in favour of plenary Court

The individual in international law — In general — Human rights and freedoms — Lawyers’ obligation to defend accused without payment — Whether constituting forced or compulsory labour — European Convention on Human Rights, 1950 — Article 4 — Meaning of phrase “forced or compulsory labour” — International Labour Organization conventions — Principle of proportionality — Balance between aim pursued and obligations undertaken to achieve it — Discrimination — Article 14 in conjunction with Article 4 — Obligations imposed on lawyers and members of other professions — Whether comparable — Property rights — Deprivation of — Article 1 of First Protocol — Whether applying to remuneration of services — Expenses not reimbursed — Whether constituting an interference with possessions — Whether case raises serious questions affecting interpretation of Convention — Jurisdiction of Chamber of European Court of Human Rights — Whether to be relinquished in favour of plenary Court