Strasbourg Observers
  • Dániel Karsai and Viktor Kazai

Decorum without Democracy in the Hungarian Parliament: The Grand Chamber’s Potential Intervention in Ikotity and Others v Hungary

February 02, 2024

by Dániel Karsai[1] and Viktor Kazai[2] In October 2023, the European Court of Human Rights delivered its judgment in Ikotity and Others v Hungary and found that the Speaker’s refusal to grant three opposition Member of Parliaments (MPs) permission to use posters during a parliamentary debate, and the sanctions they received for having used the […]

  • Lidia Carchilan

Tadić v. Croatia – does discussing an ongoing case with a third party amount to a breach of impartiality under Article 6 § 1?

January 30, 2024

by Lidia Carchilan The impartiality of judges has been addressed by the Court on numerous occasions (see examples here, here, and here), providing the Court with the opportunity to develop a consistent line of case-law on the issue, from both its subjective and objective perspectives. In Tadić v. Croatia the Court ruled on the impartiality […]

  • Emma De Clerq

State omission to compensate unharvested wood, towards more consolidation? Associations of communally-owned forestry proprietors v. Romania

January 26, 2024

By Emma De Clerq In a recent judgment from 28 November 2023, the Strasbourg Court found a violation of the right to property, as environmental protections kept the applicants from enjoying the economic benefits of their forests, without compensation. The forests in question were designated as protected areas under the European “Natura 2000” network. This […]

  • Merel Spaander

Baret & Caballero v. France: unanimous refusal of access to posthumous reproduction with an uneasy aftermath

January 23, 2024

by Merel Spaander Given that the Strasbourg Club dedicated a discussion to the interesting case of Baret & Caballero v. France so recently, I can imagine that any reader would think: do we really need another blog post on this French case so soon? As an embryo law enthusiast, I must give a biased ‘yes’. […]

  • Tommaso Virgili

Internationale Humanitäre Hilfsorganisation v. Germany: An Organisation Supporting the Terrorist Entity Hamas Does Not Enjoy Protection under the ECHR

January 19, 2024

by Tommaso Virgili In the case of Internationale Humanitäre Hilfsorganisation e. V. v. Germany, the European Court of Human Rights (ECtHR) held that the decision by the German authorities to dissolve and seize the assets of a charity due to its indirect support to the Palestinian terrorist organisation Hamas did not violate Article 11 of […]

  • Dr. Mateusz Wąsik

Przybyszewska and Others v. Poland: A Milestone for Poland while a Tiny Brick for Other Countries

January 16, 2024

by Dr. Mateusz Wąsik ‘Member States are required to provide a legal framework allowing same‑sex couples to be granted adequate recognition and protection of their relationship’, ruled the ECtHR in the latest judgment for same-sex couples in the case of Przybyszewska and Others v. Poland  on 12 December 2023. Academics and practitioners may say nihil […]

  • Felix Peerboom

A.D. v Malta: The Continuous Application of a Defective Asylum System

January 12, 2024

by Felix Peerboom On 17 October 2023, the European Court for Human Rights (ECtHR, the Court) published its ruling in A.D. v. Malta (press release available in English and French). The Court’s condemnation of Malta in this case for its ill-treatment of the applicant — a vulnerable asylum-seeker and presumed minor suffering from tuberculosis (TB), […]

  • Cristina Cocito

Glukhin v. Russia: facial recognition considered highly intrusive but not inconsistent with fundamental rights

January 09, 2024

By Cristina Cocito In Glukhin v. Russia of 4 July 2023, the European Court of Human Rights (ECtHR) delivered an important ruling on the fundamental rights implications of technology. The case concerns compliance of facial recognition technology (hereafter FRT) with human rights. The judgment underlines the ‘highly intrusive’ nature of FRT. Most importantly, it finds […]

  • Dr. Alice Dejean de la Bâtie

Peaceful protest turned violent: Will Article 11 ECHR hold out against increased criminalisation?

December 22, 2023

By Dr. Alice Dejean de la Bâtie Lawmakers in Europe are tightening the grip of Criminal Law on public protests and gatherings, targeting demonstrations turning violent and threatening public order and safety (see below). This increase in repression carries the risk of unnecessary interference with the right to freedom of peaceful assembly enshrined in Article […]

  • Babette De Naeyer

The Pablo Hasél Case 2.0: Slander and Defamation of the Spanish Crown According to the ECtHR

December 19, 2023

by Babette De Naeyer Pablo Rivadulla Duró is a Spanish rapper, better known as Pablo Hasél, who was criminally convicted for writing several insulting tweets, in which he, for example, called the royal family ‘parasites’ and a ‘criminal gang’. He also wrote an offensive rap song, in which he accused King Emeritus Juan Carlos I […]

  • Daniel Krotov

How to Manage the End of Perpetual Challenging Rights? – The Case of Legros and Others v. France

December 15, 2023

by Daniel Krotov French administrative procedural law notoriously provides wide access to the courts that, from a foreign point of view, may even seem a bit excessive. One example was the possibility to challenge administrative acts indefinitely if they lacked proper instruction on the right to appeal. In an effort to restrict this perpetual challenging […]

  • Sabrina Praduroux

Is it Safe to Bury the Truth under the Family Tree? The ECtHR’s Response in Gauvin-Fournis and Silliau v France

December 12, 2023

By Sabrina Praduroux There have been longstanding ethical concerns regarding the anonymity of gamete donors in the context of medically-assisted reproduction techniques. In recent years, the increasing importance placed on the right to know one’s biological origins as a fundamental aspect of personal identity has also raised questions about the principle of donor anonymity from […]

  • Mathieu Leloup

Wałęsa v Poland: a forceful culmination of the Court’s rule-of-law case law

December 08, 2023

By Mathieu Leloup Polish rule of law cases are by no means still a novelty at the European Court of Human Rights. Over the course of the last couple of years, the Court has ruled on a wide variety of aspects concerning the Polish legal “reforms” of its judiciary, going from the composition of the […]

  • Ignatius Yordan Nugraha

Ikotity and Others v. Hungary: Restricting the Opposition’s Freedom of Expression through a Wide Margin of Appreciation in the Context of Democratic Backsliding

December 05, 2023

by Ignatius Yordan Nugraha Does the right to freedom of expression imply the right to use posters in parliament to strengthen the point of your expression? In Ikotity and Others v. Hungary, notified in writing on 5 October 2023, the European Court of Human Rights (ECtHR) seems to be sceptical of such a conception. At […]