Promovendus: Mr. R. van de Westelaken

Promotores: Prof.Mr. L.F.M. Verhey, Prof.em. A.W. Heringa

Duur: 1/11/2005 - 31/10/2011

Abstract:

The concept of positive obligations has rapidly become of the most important tools used by the European Court of Human Rights for the interpretation of the rights guaranteed in the European Convention on Human Rights. Nevertheless, the Court has refused to develop a doctrine of positive obligations. The Court prefers to use positive obligations on a case-by case basis, which may lead to uncertainty and conflicting results. My PhD research analyzes the Court's case law on positive obligations in order to discern patterns and more generally applicable rules which may help to shed more light on the Court's current use of positive obligations. finally, recommendations will be made for the future application of this concept.