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Public Corporations under the European Convention on Human Rights

Publikace na Právnická fakulta |
2021

Tento text není v aktuálním jazyce dostupný. Zobrazuje se verze "en".Abstrakt

This paper's objective is to examine the position of public corporations under the provisions of the European Convention of Human Rights (ECHR) while also considering the idea of their subjectivity in international law. In order to reach this goal, the author, first evaluated the legal standing of public corporations; as the applicants based on the provisions of Article 34 of the ECHR and the second, discussed the issue of the attribution of conduct of public corporations to the state as set forth in Articles 4, 5, and 8 of the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA).

The author concludes that certain types of public corporations have obtained the victim status in the proceedings before the European Court of Human Rights ('ECtHR') and consequently, it is possible to speak about their subjectivity in international law. In order to determine whether an entity may claim to be a victim of human rights violations, the ECtHR elaborated 'the NGO test', which reflects the rules of attribution under the ARSIWA.