Application of Legal Entities to the European Court of Human Rights: a Significant Disadvantage as the Condition of Admissibility

Deshko Lyudmyla ()
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Deshko Lyudmyla: Kiev National University of Trade and Economics, Ukraine

Croatian International Relations Review, 2018, vol. 24, issue 83, 84-103

Abstract: This article lists the content and deals with the criteria for assessing the presence or absence of material damage suffered by the applicant to the European Court of Human Rights, the subject of entrepreneurship, as a new condition for the admissibility of an individual application. The article establishes that the list and content of the criteria for assessing the presence or absence of material damage suffered by the applicant to the European Court of Human Rights are different for individuals and for legal entities – business entities. Moreover, the article initiates a discussion on the list and content of these criteria for the subjects of entrepreneurship – the applicants to the European Court of Human Rights. In the light of the Court’s practice, the author reveals their content as well as legal categories such as ‘substantial harm’, ‘financial harm’, ‘pecuniary damage’, ‘non-pecuniary damage’ incurred by the applicant, the subject of entrepreneurship, and highlights the issues to which objectives may be caused by ‘moral harm’ in case of violation of the rights of the subject of entrepreneurship.

Keywords: European Court of Human Rights; admissibility criteria; significant disadvantage; legal entity (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:cinrer:v:24:y:2018:i:83:p:84-103:n:4

DOI: 10.2478/cirr-2018-0015

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