Poll: Best and Worst ECtHR Judgment of 2014

In keeping with our annual tradition, we hereby kindly invite all our readers to cast their vote for the best and worst European Court of Human Rights judgment of the previous year, i.e. of 2014.

2014 was a year of many highs for the ECtHR, but unfortunately also of a few lows (both liberally defined as such by the Strasbourg Observers team). The good and the bad are reflected in our nominations below.

Underneath the polls, we have provided links to the texts of the nominated judgments and our blog posts on them.

Should you not find your pick off the litter on our shortlists, you can always surprise everyone by introducing a novel contender – potentially saddling us with a dark horse – by selecting “other” and filling in your preference (we will periodically provide an overview of the votes for “other” judgments in the comments section).

As always, we will announce the winners and ‘winners’ (roughly) a month from now.

Let the voting commence!

 

Links to the nominated judgments and our posts

(best)

Al Nashiri v. Poland / Husayn (Abu Zubaydah) v. Polandpost and post.

Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romaniapost.

Matúz v. Hungarypost.

O’Keeffe v. Irelandpost.

Tarakhel v. Switzerland - post.

(worst)

Senchishak v. Finlandpost.

S.A.S. v. France - post, post and post.

Pentikäinen v. Finlandpost.

M.E. v. Swedenpost.

Biao v. Denmarkpost.

New publication: Less Restrictive Means & the Strasbourg Court

First of all, a Happy New Year to you all, dear readers! As far as we are concerned, 2015 couldn’t have started better. We’re proud to announce the publication of the article “‘Don’t use a Sledgehammer to Crack a Nut’: Less Restrictive Means in the Case Law of the European Court of Human Rights”, written by prof. Eva Brems and I. The article is concerned with the emerging practice by the European Court of Human Rights to use more and more explicit lines of legal reasoning placing the examination of less restrictive means at the centre of its proportionality analysis. What is the theory behind this concept? How does it work in practice? Is there really a less restrictive means revolution going on in Strasbourg? For the answer to all these questions and more, you can access the article on the website of Human Rights Law Review.

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Impoverished “Family Life”: Its Problematic Pervasiveness at Strasbourg

At a time when family life takes increasingly diverse forms in Europe and elsewhere, the recent judgment in Senchishak v. Finland clings to the ideal of parents and minor children as the yardstick to determine the existence of family life at Strasbourg. The Court declared the complaint under Article 8 inadmissible, after finding that an elderly mother seeking to reunite with her adult daughter failed to prove that she was dependent on the latter. Senchishak reaffirms a problematic line of jurisprudence, which restricts the notion of family life to the “core” family, namely parents and minor children. This restrictive understanding of family life is especially pervasive in family reunion and expulsion cases. The Court’s approach in these cases does not only seem out of place in growingly diverse societies. This approach impoverishes the notion of family life[1] with unequal implications for those whose family life does not match the parent/minor children standard. Continue reading

Vasilescu v. Belgium: The Same Old Belgian Song of Structural Deplorable Prison Conditions

This guest post was written by Rebecca Deruiter. PhD Researcher at the Institute for International Research on Criminal Policy (IRCP), Ghent University [1]

In its recent ruling in Vasilescu v. Belgium, the European Court of Human Rights convicted the Belgian state of inhuman and degrading treatment violating Article 3, for the deplorable detention conditions during the applicant’s confinement. Since enhancements to certain Belgian detention facilities can be labelled as ‘too little too late’, this judgment reaffirms, yet again, the enduring criticism by national and international observers. This not only negatively affects prisoners but has also wider implications for cooperation between EU Member States in criminal matters constructed on the principle of mutual recognition. Once more the Court ruled against Belgium, but at what point will the Belgian state finally listen?

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Extra-territorial Jurisdiction & Flexible Human Rights Obligations: The Case of Jaloud v. the Netherlands

This guest post was written by Cedric De Koker, Phd Researcher, IRCP, Ghent University.

With its judgment in the case of Jaloud v. the Netherlands, the Grand Chamber of the European Court of Human Rights (ECtHR) has added another chapter to its growing body of case law relating to the extra-territorial application of the European Convention on Human Rights (ECHR) in the context of military operations abroad. The case is interesting for two reasons: first, the Netherlands (and the United Kingdom as an intervening third party) resorted to the often used, but rarely successful strategy of disputing the extra-territorial applicability of the Convention (and thus the admissibility of the claims presented by the applicant). Therefore, the Court had to interpret Article 1 ECHR once again – arguably the most difficult provision of the Convention to apply – and pronounce on whether the events under review fell ‘within the jurisdiction’ of the Netherlands. Second, asked about the scope of the investigative duty under Article 2 ECHR, the Court had to determine whether states have some flexibility in fulfilling their human rights obligations when operating in extraordinary and difficult conditions, such as hostile environments resulting out of armed conflict or occupation, as was the case here. Both issues will be discussed below.

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Silencing the Voices of People with Disabilities: Recent Developments before the European Court of Human Rights

This guest post was written by Constantin Cojocariu, human rights lawyer[1]

Recently, I got involved in a case pending before the European Court of Human Rights – N. v. Romania – on behalf of a man diagnosed with schizophrenia, who claimed that his detention for 14 years in high security psychiatric hospitals has been unlawful. I was surprised to notice that although he claimed breaches of Articles 5§1 and 6, the case had only been communicated under Article 8, and that the Court effectively requested the Romanian Government to place him under guardianship so that he may be represented in proceedings before it. Far from being exceptional, this case is part of a broader trend in disability cases, whereby the Court increasingly focuses on issues of process instead of offering substantive guidance, with the result that entrenched abuse and discrimination remain unchallenged. In this post, I examine critically several cases against Romania, mostly decided already, but also pending, including N. v. Romania, that in my view depart from well-established case law and which establish differential standards of scrutiny for persons with disabilities. Continue reading

Tarakhel v. Switzerland: Another Step in a Quiet (R)evolution?

This guest post was written by Nesa Zimmermann, Ph.D. candidate and teaching assistant at the University of Geneva, Switzerland (*)

The Court’s recent ruling in Tarakhel v. Switzerland became famous almost before it was delivered. The case has received strong media attention, and some claimed the judgment signified “the end of the Dublin system”. However, the importance of the Tarakhel judgement should not be overrated. For one thing, it remains yet to be seen to what extent the Court’s ruling can and will be applied to other cases. Besides, even though the case has been called a “principled decision in favour of vulnerable persons”, it consists, from a scholarly point of view, of a series of adjustments: a case contributing to the evolution of existing case law rather than a revolution on its own. Continue reading