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Foti and Others Case
Published online by Cambridge University Press: 01 January 2021
Abstract
State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Article 6(1) — Right to a hearing within a reasonable time — Preliminary objection of non — exhaustion of domestic remedies — Estoppel — Reasonableness of length of proceedings — Assessment according to particular circumstances — Article 50 — Just satisfaction in respect of established breach
State responsibility — Damages (Measure of damages) — Award of damages in general — Grounds for awarding damages — European Convention on Human Rights, 1950 — Article 50 — Just satisfaction in respect of established breach — Agreements between State party and applicants — Whether of an equitable nature — Claim for lawyer’s fees and expenses — Compensation for loss of employment
Disputes — Other international courts — European Commission of Human Rights — Ex officio examination of issue not specifically raised by applicants — Whether exceeding jurisdiction — Preliminary objections concerning complaints declared inadmissible by Commission — Whether within compass of case referred to European Court of Human Rights
The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 6(1) — Right to a hearing within a reasonable time — Preliminary objections by State party — Ex officio examination of issue by European Commission of Human Rights — Whether exceeding jurisdiction — Exhaustion of domestic remedies — Estoppel — Objections concerning complaints declared inadmissible by Commission — Whether within compass of case referred to European Court of Human Rights — Length of proceedings — Commencement and end of periods to be taken into account — Reasonableness of length of proceedings — Assessment according to particular circumstances — Complexity of case — Conduct of applicants — Conduct of authorities — Important characteristics of case to be taken into account
Article 50 — Breach of right to a hearing within a reasonable time established — Just satisfaction — Agreements between State party and two applicants — Whether of an equitable nature — Claim for lawyer’s fees and expenses — Compensation for loss of employment
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