Strasbourg Observers
  • Lize R. Glas

Caldarar and Others v. Poland: A win for Roma rights, but not in every respect

March 21, 2025

by Lize R. Glas On 6 February 2025, the Court delivered the judgment Caldarar and Others v. Poland, concerning the demolition of a Roma encampment. The Polish Nomada Association for Multicultural Integration (‘Nomada’) welcomed the judgment as a ‘landmark ruling from Strasbourg’. The European Roma Rights Centre (‘ERRC’) issued a press release entitled ‘European Court […]

  • Strasbourg Observers

Results of the 2024 Strasbourg Observers Best & Worst Poll

March 18, 2025

Dear readers, In February, we presented you with this year’s edition of our annual Strasbourg Observers Best & Worst Poll, where we asked you to vote for your preferred candidates as shortlisted for the categories of Best Judgment of 2024, Worst Judgment of 2024, and Best Separate Opinion of 2024. This year we received the […]

  • Dr. Alice Dejean de la Bâtie

Bodson et al. v. Belgium: A blow to organised activism

March 14, 2025

By Dr. Alice Dejean de la Bâtie The case Bodson et al. v. Belgium, handed down by the European Court of Human Rights (ECtHR) on 16 January 2025, raises several fundamental questions: The legal qualification of the offence of malicious obstruction, the repression of (organised) collective mobilisation, and the leeway given to states in restricting […]

  • Corina Heri

Vindicating the ECtHR’s Role in Environmental Matters: Cannavacciuolo and Others v. Italy

March 11, 2025

Corina Heri On 20 January 2025, the ECtHR issued a Chamber judgment in Cannavacciuolo and Others v. Italy. This environmental pollution case concerns an area known colloquially as the Terra dei Fuochi (“Land of Fires”) because it is notoriously plagued by the illegal dumping, burying and burning of waste on private land. This decades-long practice, […]

  • Natalie Alkiviadou

Hate Speech, Positive Obligations and Free Speech: The ECtHR’s Expanding Framework in Minasyan and Others v. Armenia (2025)

March 07, 2025

Dr. Natalie Alkiviadou On the 7th January 2025, the European Court of Human Rights (ECtHR/Court) delivered the judgment of Minasyan and Others v. Armenia (2025). It addressed critical issues of hate speech, discrimination and the state’s positive obligations under Article 8 (the right to respect for private and family life) in conjunction with Article 14 […]

  • Grażyna Baranowska

What – if any – are the consequences of the ‘instrumentalization of migration’ for human rights protection under the ECHR? A look at the arguments raised at the ECtHR Grand Chamber hearing on pushbacks to Belarus.

March 04, 2025

By Grazyna Baranowska On 12 February 2025, the Grand Chamber of the ECtHR held three hearings relating to pushback cases conducted by Poland, Latvia and Lithuania. The cases were relinquished to the Grand Chamber and heard in a single – very long – day, since all the alleged violations occurred within the same broader context […]

  • Louis Triaille

Clipea and Grosu v. the Republic of Moldova: an increasingly strict control on coercion and living conditions in psychiatric care

February 28, 2025

By Louis Triaille In its Clipea and Grosu v. the Republic of Moldova judgment, handed down on November 19, 2024, the European Court of Human Rights (ECtHR) clarifies States’ positive obligations to protect in-patients with mental disabilities from ill-treatment in psychiatric institutions. The judgment illustrates an increasingly strict scrutiny by the ECtHR on institutional psychiatry, […]

  • Strasbourg Observers

Strasbourg Observers 15th Anniversary Symposium Provisional Programme

February 26, 2025

8-9 May 2025, Ghent Founded in April 2010, the Strasbourg Observers Blog is soon celebrating its 15th Anniversary. To mark this occasion, we are organizing the Strasbourg Observers 15th Anniversary Symposium on the 8-9 May 2025 in Ghent, Belgium. The provisional programme can be found here. The symposium will be an occasion for real-life exchange […]

  • Alan Greene

Allegation-Picking and the European Court of Human Rights: A Pervasive Court Practice Hiding in Plain Sight?

February 25, 2025

By Alan Greene It is now almost cliché to suggest that the European Court of Human Rights ‘missed an opportunity’ when handing down a judgment. Often, these laments highlight that the Court decided the case under a given Article of the Convention, and having done so, then declined to review any further allegation. This phenomenon […]

  • Volkan Aslan

Bakradze v. Georgia: A Landmark Shift in the Burden of Proof for Judicial Appointments

February 21, 2025

Dr. Volkan Aslan In Bakradze v. Georgia, the European Court of Human Rights (ECHR) ruled that Georgia had violated Article 14 of the European Convention on Human Rights in conjunction with Articles 10 and 11 in relation to the applicant, a former judge. The applicant alleged that she was discriminated against in two judicial competitions […]

  • Philip Leach

Political prosecutions and unfair trials – Strasbourg scrutiny enhanced

February 18, 2025

by Philip Leach Introduction With the ominous prospect of further political prosecutions in some parts of Europe, it is welcome that the European Court of Human Rights (‘the Court’, ‘ECtHR’) has taken a significant step to ensure greater accountability. It has done so by developing its case law under Article 18 of the European Convention […]

  • Alfred Benny Auner

A.P. v. Austria: Death of Conscript During ‘Heat March’ – The Question of Causality

February 14, 2025

By Alfred Benny Auner T.P. died during a ‘heat march’, merely one month into his compulsory military service. Although the decision to hold the march in extreme temperatures was considered ‘problematic’ by national authorities, and the military personnel involved acted negligently after T.P. collapsed, the ECtHR, in its judgment of 26 November 2024, A.P. v. Austria (1718/21), found […]

  • Lien Aerts

ECtHR slavishly follows CJEU case law in Ferrero Quintana v Spain

February 11, 2025

By Lien Aerts The case of Ferrero Quintana v Spain concerns an age limit applied in a recruitment procedure for police officers. The same recruitment procedure has been assessed by the CJEU, where another candidate also challenged the existence of the age limit (Salaberria Sorondo). Having exhausted all domestic remedies, Mr Ferrero Quintana turned to […]

  • Strasbourg Observers

Poll: Best and Worst ECtHR Judgment and Best Separate Opinion of 2024

February 07, 2025

Dear readers, Award season has started, and we at Strasbourg Observers want to take this opportunity to reflect upon last year. The year 2024 has proved to be a challenging year for human rights protection across the globe. The humanitarian crisis in Gaza has continued to worsen, and in Eastern Europe Russia continues to persist […]

  • Merel Vrancken

Reasonable accommodation in schools in S. v. the Czech Republic: How the ECtHR’s position on the CRPD has become untenable

February 04, 2025

By Merel Vrancken In the case of S. v. the Czech Republic, a child with autism spectrum disorder requested his school to provide reasonable accommodations, which were provided after a delay. In the subsequent court case on this issue, the child’s request to be heard was denied. Twice the absence of a medical report lay […]

  • Sibel Yılmaz Coşkun

Paradox of Escape from Violence: Suicide as a Potential Consequence of State Negligence in Vieru v. Moldova

January 31, 2025

By Dr. Sibel Yılmaz Coşkun In its judgment Vieru v. the Republic of Moldova (19 November, 2024), the European Court of Human Rights ruled that Moldova violated, among other rights, its substantive obligations under Article 3 ECHR by failing to provide adequate legal protection to T. and take effective measures against prolonged domestic abuse. However, […]

  • Charlotte de Meeûs

Associated Newspapers Limited v. the United Kingdom: Can freedom of expression be compromised by excessive recoverable costs in defamation cases?

January 28, 2025

by Charlotte de Meeûs Introduction On 12 November 2024, the European Court of Human Rights (‘ECtHR’) handed down its judgment in the case Associated Newspapers Limited v. the United Kingdom. The ECtHR assessed the compatibility of the recoverability of legal costs including success fees arising from conditional fee arrangements (‘CFAs’) and after-the-event (‘ATE’) insurance premiums […]

  • Eva Brems

In the Strasbourg Club: Discussing ageism with youngsters. A chat on Ferrero Quintana v Spain

January 24, 2025

Eva Brems It is our first meeting of the New Year, and we are happy to be ‘at it’ again, in the late afternoon, a few hours before the first snow of winter will make our journey home an arduous one. Six of us in the room, and five on the screen have been discussing […]

  • Gaia Zanotti

Narrowing and Shallowing: Restricting the Right to Strike under Art. 11 ECHR in Kaya v. Türkiye and Almaz v. Türkiye

January 21, 2025

By Gaia Zanotti While Art.11 of the European Convention of Human Rights (‘ECHR’) protects the right to “form and join trade unions for the protection of [one’s] interests,” it does not explicitly address the tools trade unions may employ, like collective bargaining and collective action, including strikes. The status of the right to strike has […]

  • Maxim Krupskiy

Kobaliya and others v. Russia: Perverted transparency or when legislation on ‘Foreign Agents’ bears the hallmarks of a totalitarian regime?

January 17, 2025

Maxim Krupskiy Kobaliya and others v Russia concerns ‘foreign agent’ legislation in Russia and the way it developed since 2012. Russian legislation on ‘foreign agents’ had first come before the European Court of Human Rights (ECtHR, the Court) in Ecodefence and Others v. Russia, where the Court found substantial violations of Article 11 (read in […]

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