LAW / Referencing for Law Students / AGLC 3rd ed

Notes

Vinci v European Central Bank (European Union Civil Service Tribunal, F-130/07, 16 September 2009) [58].

The Court of Justice of the European Union is commonly referred to as the ‘European Court of Justice’. The General Court was the Court of First Instance of the European Communities (‘CFI’) until December 2009.

Decisions of the Court of Justice are published in Reports of Cases before the Court and, since 1990, Reports of Cases before the Court of Justice and the Court of First Instance (both abbreviated ‘ECR’). Decisions of the General Court are (from 1990) published in Reports of Cases before the Court of Justice and the Court of First Instance.

Since 1995, cases between staff and EU institutions heard by the CFI and (since its creation in 2005) the European Union Civil Service Tribunal are reported in European Court Reports — Reports of European Community Staff Cases (abbreviated ‘ECR-SC’). Judgments are printed in Section II of the ECR-SC. (Section I summarises decisions and orders. It is thus preferable to cite to Section II, unless the case in Section II is not in an accessible language.)

Other report series (such as the CMLR) that contain reports of cases decided by EU courts and tribunals should be used where a case is not reported in the ECR or ECR-SC (in preference to citing a case as unreported).

Australian Guide to Legal Citation 191

The Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the ‘European Convention on Human Rights’ or ‘ECHR’) should be cited as follows:

Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 4 November 1950, 213 UNTS 221 (entered into force 3 September 1953), as amended by

Relevant Amending Protocol .

Citations to substantive protocols should include details of amendments in the same manner. Citations to amending protocols should adhere to chapter 7 (and the ETS should be the treaty series cited, where available).

Examples Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 4 November 1950, 213 UNTS 222 (entered into force 3 September 1953), as amended by Protocol No 14bis to the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 27 May 2009, CETS No 204 (entered into force 1 September 2009).

Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 20 March 1952, ETS No 9 (entered into force 18 May 1954), as amended by Protocol No 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 11 May 1994, ETS No 155 (entered into force 1 November 1998).

Protocol No 14 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Amending the Control System of the Convention, opened for signature 13 May 2004, CETS No 194 (not yet in force).

Notes The European Treaty Series (abbreviated ‘ETS’), which included Nos 1 to 193, is continued from 2004 (No 194) by the Council of Europe Treaty Series (abbreviated ‘CETS’).

The most recent amending protocol to the ECHR is Protocol No 14bis. However, when referring to the ECHR as in force for a particular state party, it may be necessary to refer to a less recent amending protocol. All states parties have ratified Protocol No 11.

European

Materials

Australian Guide to Legal Citation 193

Decisions of the Court not reported in Eur Court HR (ser A) or Eur Court HR should be cited in an unofficial report series (where available).

Unreported decisions of the Court should be cited as follows:

Parties’ Names (European Court of Human Rights, Chamber ,

Application No Number , Full Date ) Pinpoint .

The ‘Chamber’ of the Court refers to the manner of its configuration for a case (as the ‘Grand Chamber’ or a ‘Chamber’). Pinpoint references should be to paragraphs.

Citations to pleadings reported in Eur Court HR (ser B) should appear as follows:

‘ Document Title ’, Complainant’s Surname v Respondent State

[ Year ] Eur Court HR (ser B) Starting Page , Pinpoint .

Examples Campbell v United Kingdom (1992) 233 Eur Court HR (ser A).

Boujlifa v France [1997] VI Eur Court HR 2250, 2264.

The Observer v United Kingdom (1992) 216 Eur Court HR (ser A) 10–11. [Not: The Observer and The Guardian v United Kingdom …]

Leander v Sweden (1987) 116 Eur Court HR (ser A) 32 [84]. [Not:

Leander Case (1987) …]

Loizidou v Turkey (Preliminary Objections) (1995) 310 Eur Court HR (ser A).

Beldjoudi v France (1992) 234-A Eur Court HR (ser A).

Slivenko v Latvia [2003] X Eur Court HR 229, 237–8 [15]–[21].

Nasri v France (1995) 320-B Eur Court HR (ser A) 28 (Judge Pettiti).

S v United Kingdom (European Court of Human Rights, Grand Chamber, Application Nos 30562/04 and 30566/04, 4 December 2008) [125].

‘The Case of Gerard Richard Lawless — Memorial Submitted by the European Commission of Human Rights’, Lawless v Ireland [1960–61] Eur Court HR (ser B) 193, 201.

European

Materials

Rule

Example

Notes

Reported decisions of the European Commission of Human Rights should be cited as shown above.

The parties’ names should adhere to rule 13.2.2. The year should be that of the decision. A volume number and starting page should always be included. Pinpoints should adhere to rules 1.1.5–1.1.6 and be to pages.

X v Austria (1979) 17 Eur Comm HR 80, 85–6.

Decisions of the European Commission of Human Rights were published between 1960 and 1974 in Collection of Decisions and from 1974 to 1998 in Decisions and Reports (both abbreviated ‘Eur Comm HR’).

Rule ‘Ibid’ should be used for all materials in this chapter (in accordance with rule 1.4.1).

Other subsequent references to treaties should adhere to rule 7.6. Other subsequent references to judicial decisions should adhere to rule 2.14.

‘Above n’ should not be used for any materials in this chapter.

Examples 2 Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 4 November 1950, 213 UNTS 222 (entered into force 3 September 1953), as amended by Protocol No 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, opened for signature 11 May 1994, ETS No 155 (entered into force 1 November 1998) (‘ECHR’).

…

5ECHR art 6.

6El Boujaïdi v France [1997] VI Eur Court HR 1980, 1994 (Judge Foighel) (‘El Boujaïdi’).

…

European

Materials

197

14 Canada

14.1Cases

14.1.1General Rule

Example R v Sharpe [2001] 1 SCR 45.

Note When citing cases from foreign jurisdictions, it may be useful to include the name of the court in a citation (in accordance with rule 2.6) where the court is not otherwise apparent. However, this is unnecessary for references to the Supreme Court Reports (abbreviated ‘SCR’) and other report series specific to a particular court.

14.1.2Official and Unofficial Report Series

Rule In accordance with rule 2.3, citations to Canadian cases should include a citation to an authorised report series where possible.

Where a decision is not reported in an official report series, a semiofficial provincial report series or an unofficial report series, such as the Dominion Law Reports (abbreviated ‘DLR’), should be cited.

Examples AB v Minister of Citizenship and Immigration [2003] 1 FC 3.

Eli Lilly Canada Inc v Apotex Inc [2008] 2 FC 636.

The Coca-Cola Co of Canada Ltd v The Pepsi-Cola Co of Canada Ltd

[1938] Ex CR 263.

Bangoura v Washington Post (2005) 258 DLR (4th) 341 (Ontario Court of Appeal).

Canada

Rule

Example

Canadian statute titles should adhere to rule 3.1.1, but should be followed by a (non-italic) comma. ‘The’ should be omitted from the beginning of a statute title.

Agri-Food Amendment Act, SS 1997, c 27. [Not: The Agri-Food Amendment Act, …]

Australian Guide to Legal Citation 199

For the statute volume, a citation to the Revised Statutes or the Re-enacted Statutes (both abbreviated ‘RS’) should be included where available (for example, ‘RSC’). Otherwise, a citation to the sessional or annual volumes (abbreviated ‘S’) should be included (for example, ‘SC’).

An abbreviated version of the jurisdiction should be included (for example, ‘RSO’). The following abbreviations should be used:

Examples Criminal Code, RSC 1985, c C-46, s 515.

Controlled Drugs and Substances Act, SC 1996, c 19, s 4.

Escheats Act, RSO 1980, c 142. [Not: … RS O 1980, …]

Canada

Rule

The year (or span of years) of the statute volume should be followed by a comma.

A session number (for example, ‘3rd Sess’) should be included after the year if more than one parliamentary session occurred in that year and the statute volume is divided by session (with non-consecutive chapter numbering). A supplement number (for example, ‘2nd Supp’) should be included after the year where a statute appears only in a supplement to the RS.

Session and supplement numbers should be ordinal and should adhere to rule 1.12.1 (so letters in ordinal numbers should be superscript). Session or supplement numbers should appear in parenthesis. If a session or supplement number is included, the year should not be followed by a comma and the session or supplement number should be followed by a comma.

Examples

Note

Clean Air Act, SNB 1997, c C-5.2.

Criminal Law Amendment Act, RSC 1985 (1st Supp), c 27.

An Act to Amend the Essential Services Emergency Act 1966, SS 1970 (2nd Sess), c 1.

Statutes generally appear in a supplement to the RS where they are passed in the year of a consolidation too late to be included in that consolidation.

Rule

Examples

The chapter number of the statute (including any letters) should be included. Letters and numbers forming the chapter number should be separated by a hyphen.

‘Chapter’ should be abbreviated ‘c’.

Arthur Wishart Act (Franchise Disclosure), SO 2000, c 3.

Interpretation Act, RSC 1985, c I-21.