Contents
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6.1 Historical Background 6.1 Historical Background
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6.2 Admission Requirements 6.2 Admission Requirements
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6.3 Ethical Standards 6.3 Ethical Standards
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6.3.1 Duties to the Client 6.3.1 Duties to the Client
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6.3.2 Duties to the Court 6.3.2 Duties to the Court
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6.3.2.1 Misleading the Court 6.3.2.1 Misleading the Court
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6.3.2.2 Documentary Evidence 6.3.2.2 Documentary Evidence
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6.3.2.3 Testimonial Evidence 6.3.2.3 Testimonial Evidence
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6.3.2.4 Judicial Orders 6.3.2.4 Judicial Orders
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6.3.3 Duties to Colleagues 6.3.3 Duties to Colleagues
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6.4 Disciplinary Jurisdiction 6.4 Disciplinary Jurisdiction
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6.5 Conclusions 6.5 Conclusions
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6 The European Court of Human Rights
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Published:September 2013
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Abstract
This chapter addresses the procedure and practice of advocacy before the European Court of Human Rights. Setting out the historical background to the originally restricted rights of hearing for individual applicants through to the present day, the chapter identifies unique problems concerning the conduct of counsel in the Council of Europe context. It explores the role of counsel in light of the well-known docket problem of the Court, the issues that the Court has encountered concerning a range of questionable conduct by agents and counsel and the mechanisms in place to address them. Linked with Chapter 5, the chapter explores the potential professionalization of advocacy through the Council of Bars and Law Societies of Europe and the potential benefits for the practice and procedure of the Court. It examines the professional ethics of agents and lawyers at the European Commission of Human Rights as well as the Court throughout the history of the Convention.
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