Appointment of the Court’s Registrar: Towards More Transparency

This guest post was written by Kanstantsin Dzehtsiarou, Senior Lecturer in Law at the University of Surrey.

The Council of Europe has recently announced a vacant position for Registrar of the European Court of Human Rights. For the last ten years, Erik Fribergh has been Registrar of the Court. Before that, he worked as a Deputy Registrar and Section Registrar of the Court. His successful career in the Court lasted for more than 30 years and he clearly represents the institutional memory of the Court. His life in the Court highlights the crucial importance of the Registry of the Court and the position of Registrar for the functioning of the ECtHR. This short comment aims to highlight some preliminary observations on the importance of the position of Registrar and the legitimacy of the process of his or her appointment.

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Third Party Interventions before the ECtHR: A Rough Guide

This guest post was written by Paul Harvey, a UK lawyer in the Registry of the European Court of Human Rights. This article is an edited version of a paper given at the European University Institute, Florence on 28 January 2015. The views expressed are personal. Comments are welcome at paulgharvey[at]gmail.com.

What constitutes an effective third party intervention before the European Court of Human Rights? Before answering that, it is necessary to make three preliminary points on what distinguishes the practice of the Strasbourg Court on third party interventions from other courts.

First, the Court has always had a comparatively liberal policy as regards granting leave to third party interveners. Second, since the third party interventions of Amnesty International and the German Government in Soering v. the United Kingdom in 1989, there have been well over a hundred significant interventions in Court’s cases. The Court has generally been well served by these interventions, though for reasons I shall come to, in some cases it has been less well served in recent years. Third, a survey of those interventions shows a striking range in both the types of interveners and the types of cases in which they have intervened. There have been broadly six types. Continue reading

The Results Are In: Poll on Best and Worst ECtHR Judgment of 2014

With an impressive 1,000 votes cast, the time has come to announce the winners and losers of this year’s poll on the best and worst ECtHR judgment of 2014.

We will not let the audience linger in anxious anticipation, but will get straight down to the nitty-gritty. Here are the results:

Best Judgment – Top 3

  1. Matúz v. Hungary (47%).
  2. Tarakhel v. Switzerland (29%).
  3. Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania (15%).

Worst Judgment – Top 3

  1. S.A.S. v. France (40%).
  2. Senchishak v. Finland (36%).
  3. M.E. v. Sweden and Pentikäinen v. Finland (6%).

Festive congratulations to the winner, sincere commiserations to the loser.

A few – speculative – words follow on why the winner might have won, and why the loser might have lost.

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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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Seminar Announcement: Law’s Imagining of Religion

The Strasbourg Observers are back from a summer break with an exciting announcement: the Human Rights Centre of Ghent University organizes a seminar entitled “Law’s Imagining of Religion: A Debate across Disciplines.” The seminar will bring together religion and legal scholars from Canada, Europe and the United States, including Winnifred Fallers Sullivan, Cecile Laborde, Helge Arsheim, Malcolm Evans, Lori G. Beaman, Susanna Mancini, Solange Lefebvre, Mark Hill, Meadhbh McIvor and Lourdes Peroni.

WHEN: 23 September 2014

WHERE: Ghent University’s Faculty of Law, Voldersstraat 3, 9000 Ghent

WHAT: Speakers will address questions such as: Are the notions of religion underpinning the law inclusive enough to attend to today’s diversity of religious ways? If not, can and should these notions be legally “stretched” so as to become more responsive to such diversity? The morning sessions will focus on how law, including human rights law, understands and should understand religion. The afternoon sessions will focus on the ways in which the European Court of Human Rights conceives of and should conceive of religion. Scholars presenting in the afternoon will unpack the notions of religion underlying high-profile freedom of religion judgments (including S.A.S. Lautsi, Eweida and Bayatyan) and examine the extent to which these notions attend and should attend to applicants’ religious experiences.

A limited number of places are still available. Attendance is free, but registration is required. If you would like to attend this seminar please send an email to Lourdes Peroni at hrcevent@ugent.be.

This is the program:

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