Strasbourg Observers
  • Guest Blogger

Guðmundur Andri Ástráðsson: the right to a tribunal established by law expanded to the appointment of judges

December 18, 2020

By Mathieu Leloup, PhD researcher in constitutional and administrative law at the University of Antwerp, Belgium, research group Government and Law Is a court that includes a judge who was appointed in violation of the relevant legal provisions still a “tribunal established by law” as required under Article 6 ECHR? Though the question may be […]

  • Guest Blogger

Legal sex/gender recognition beyond the binary: Human Rights Centre submits Third Party Intervention

December 16, 2020

By Mattias Decoster (PhD researcher at Ghent University and University of Antwerp) and Sarah Schoentjes (PhD researcher at Ghent University). The Human Rights Centre of Ghent University[1], in collaboration with the Equality Law Clinic from the Université Libre de Bruxelles[2], submitted a third party intervention before the European Court of Human Rights in the case […]

  • Guest Blogger

Sabuncu and Others v. Turkey: the final chapter of the Cumhuriyet Trial?

December 14, 2020

Matteo Mastracci, Ph.D. Researcher at Koç University, and reporter for Oxford Reports on International Law (ORIL) In a long-awaited decision, the European Court of Human Rights finally ruled on 10 November 2020 on the case of Sabuncu and Others v. Turkey. The case, better known as the Cumhuriyet trial, named after the newspaper in which […]

  • Guest Blogger

The Case of Perovy v. Russia: Dealing with the Right to Freedom of Religion in the Educational Sphere through Picking the Right Fruits

December 10, 2020

By Inez van Soolingen (Vrije Universiteit Amsterdam) In the case of Perovy v. Russia, Ms. Perova and Mr. Perov complained that a rite of blessing in their son’s classroom, carried out by a priest of a different belief than their own, violated their rights under Article 2 of Protocol No. 1 (hereafter: the Protocol) and […]

  • Guest Blogger

Russian Roulette? Selection of the Judicial Candidates to the European Court from Russia

December 07, 2020

By Kanstantsin Dzehtsiarou and Gennady Esakov On 23 November 2020, the Russian Ministry of Justice announced the long list of candidates for the position of the judge of the European Court of Human Rights (ECtHR) elected on behalf of Russia. The new Russian judge will replace judge Dmitry Dedov whose term will expire on the […]

  • Guest Blogger

M.A. v. Belgium: the (in)voluntary return of a Sudanese migrant and the dangers of informal migration cooperation with third countries

December 03, 2020

By Eleonora Frasca, PhD Researcher in EU Migration Law at UCLouvain, Member of EDEM (Equipe droit européen et migrations) On 27 October 2020, the Court delivered its ruling in the case of M.A. v. Belgium (press release available in English). The case concerns the deportation of a Sudanese national, who was apprehended without documents by […]

  • Guest Blogger

‘Appearance of impartiality’: how should the courts reason in the presence of external pressure?

November 30, 2020

Donatas Murauskas, Assistant Professor at Vilnius University Law Faculty Judges face a dilemma that is a core issue for the judiciary in a democracy: to react or not to react when confronted by media and politicians on pending cases? One option is to be explicit, take visible steps that support your unbiased approach. Another option […]

  • Guest Blogger

Inadmissibility of evidence obtained by private persons through the use of torture or inhuman or degrading treatment: the case of Ćwik v. Poland

November 27, 2020

Tobias Thienel, associated fellow at the Walther Schücking Institute of International Law at the University of Kiel, Germany, and lawyer with Weissleder Ewer* A classic staple of the cop show genre has the detective ‘roughing up’ a stubborn defendant in order to produce a confession. This somewhat hackneyed story line never had much to do […]

  • Guest Blogger

OOO Regnum v. Russia: extending reputational rights to legal entities?

November 23, 2020

By Juncal Montero Regules (UHasselt) On 8 September 2020, the Third Section of the European Court of Human Rights delivered its judgment in OOO Regnum v. Russia (application no. 22649/08), a freedom of expression case concerning reputational rights of a legal person. The Court found that OOO Regnum, an electronic news outlet, had suffered a […]

  • Guest Blogger

The Challenges of Saying ‘I do’ for same-sex couples: The Human Rights Centre submits a Third Party Intervention in transnational same-sex marriage case

November 20, 2020

By Claire Poppelwell-Scevak (PhD Researcher at the Human Rights Centre, Ghent University) and Sarah Den Haese (PhD Researcher at the Human Rights Centre, Ghent University) The Human Rights Centre of Ghent University[1] (Belgium) recently submitted a third party intervention (TPI) before the European Court of Human Rights in the communicated case of Szypuła v. Poland and […]

  • Laurens Lavrysen

Aghdgomelashvili and Japaridze v Georgia: a further step in the direction of Article 3’s dignitarian promise?

November 18, 2020

By Natasa Mavronicola (University of Birmingham) and Laurens Lavrysen (Human Rights Centre, Ghent University) On 8 October 2020, the European Court of Human Rights delivered a judgment in the case of Aghdgomelashvili and Japaridze v Georgia. The case concerns a police raid on the office of an LGBT organization in Tblisi. During this raid, police […]

  • Laurens Lavrysen

New publication: Coercive Human Rights – Positive Duties to Mobilise the Criminal Law under the ECHR

November 12, 2020

I’m excited to announce the publication of ‘Coercive Human Rights – Positive Duties to Mobilise the Criminal Law under the ECHR’ by Hart Publishing. In this book, which was edited by Natasa Mavronicola (University of Birmingham) and myself, a whole host of esteemed scholars discuss the development by the European Court of Human Rights of […]

  • Guest Blogger

European Court of Human Rights single-judge decisions (still) deny justice and risk weakening UN treaty body system

November 10, 2020

By Justin M. Loveland The European Court of Human Rights has made important contributions to the development of international human rights jurisprudence, influencing not only the domestic jurisprudence of its member European states but the practices of states outside the European system, other regional human rights systems, and international law more broadly. This well-deserved influence […]

  • Guest Blogger

The case of Muhammad and Muhammad v. Romania: the first Grand Chamber judgment on article 1 of Protocol Nr. 7 ECHR (procedural safeguards with regard to expulsion of aliens)

October 29, 2020

By Bahija Aarrass (Assistant professor of administrative and migration law at the Open University Netherlands) In the judgment in the case of Muhammad and Muhammad v. Romania, the Grand Chamber  of the European Court of Human Rights held that there had been a violation of Article 1 of Protocol No. 7 of the ECHR, which […]

  • Guest Blogger

A camel’s nose under the tent: the Court’s failure to discuss evidence in B.G. and Others v France

October 23, 2020

By Anne-Katrin Speck,[*] PhD Researcher within the ERC-funded project DISSECT: Evidence in International Human Rights Adjudication at Ghent University Timing can be a peculiar thing sometimes. On 10 September 2020, a Chamber of the European Court of Human Rights ruled on the case of B.G. and Others v France,[†] finding that the accommodation conditions endured for several […]

  • Guest Blogger

An Endeavor Towards More Situational Positive Obligations Stemming from Article 2: Case of Kotilainen and others v. Finland

October 16, 2020

Elina Pekkarinen is a university instructor and PhD candidate in Tampere University. Her dissertation concerns the contextual interpretation of rights laid down in the European Convention Introduction On 17 September 2020, the European Court of Human Rights delivered its judgement in the case of Kotilainen and others v. Finland (application no.62439/12). The ECtHR found that […]

  • Strasbourg Observers

Privacy International and others v United Kingdom: Hacking Admissibility Decision and the Risk of ‘Deference Ping Pong’

October 14, 2020

By Daniella Lock (Doctoral Candidate and Teaching Fellow, UCL Faculty of Laws, University College London) Last month, the European Court of Human Rights (ECtHR) handed down a decision that the application regarding the compatibility of the exercise of UK hacking powers made in Privacy International and others v United Kingdom was inadmissible. This was on […]

  • Guest Blogger

Catch 22: The Interim Measures of the European Court of Human Rights in the Conflict between Armenia and Azerbaijan

October 09, 2020

By Prof Kanstantsin Dzehtsiarou (University of Liverpool, Editor-in-chief of the European Convention on Human Rights Law Review) On 29 September 2020, the European Court of Human Rights (ECtHR or Court) granted interim measures in the inter-state application of Armenia against Azerbaijan related to the conflict in Nagorno-Karabakh. Through these measures the Court demanded Armenia and […]

  • Guest Blogger

Systematic push back of ‘well behaving’ asylum seekers at the Polish border: M.K. and Others v. Poland

October 07, 2020

Francesco Luigi Gatta, Research Fellow, UCLouvain, EDEM On 23 July 2020, the ECtHR delivered its judgment in the case M.K. and Others v. Poland, concerning the removal of certain Russian families to Belarus, after they had repeatedly and unsuccessfully tried to lodge asylum applications at the Polish border. With an encouraging decision, the Court found […]

  • Guest Blogger

Placing gender equality in the workplace at the forefront of social rights in Europe: equal pay and equal opportunities under the scrutiny of the European Committee of Social Rights.

October 05, 2020

By Maria Kotsoni, a PhD Researcher at the Department of Law of the European University Institute Recently, the European Committee of Social Rights (ECSR) adopted a series of decisions on equal pay and equality of opportunity between women and men in the workplace. This is the first time the ECSR reviewed states’ compliance on these […]

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