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 […]
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’. […]
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 […]
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 […]
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), […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
December 01, 2023
by Dr Steve Foster Disenfranchisement of convicted prisoners in Europe remains varied despite the Grand Chamber’s pivotal decision in Hirst v. United Kingdom No. 2 that any interference with a prisoner’s right to vote had to be necessary and proportionate. Thus, since Hirst the Court has upheld a number of State restrictions on prisoner voting […]
November 28, 2023
by Eva Brems Six members in a room in Ghent and five on a screen have enjoyed unpacking and weighing all the separate opinions in the Grand Chamber judgment in Yüksel Yalcinkaya v. Türkiye. Without pausing for tea, we move on to the other case Irene has selected for our biweekly discussion. Baret and Caballero […]
November 23, 2023
by Sarah Ganty and Dimitry V. Kochenov[i] In Valiullina and others v. Latvia and Džibuti and others v. Latvia, the Fifth Section of the European Court of Human Rights unanimously approved of further restrictions on Russian-language education in Latvia, thereby depriving a huge proportion of the population of the Republic of Latvia of education in […]
November 21, 2023
By Maria Tzanou Do persons outside an ECHR Contracting State fall within the Convention’s territorial jurisdiction if their electronic communications were (or were at risk of being) intercepted, searched and examined by that State’s intelligence agencies operating within its borders for the purposes of a complaint under Article 8 ECHR? The ECtHR’s Fourth Section judgment […]
November 17, 2023
By Gaia Zanotti In the new decision of Pengezov v. Bulgaria the Strasbourg Court was given an opportunity to reassess not only the applicability of Art.8 ECHR i.e. the right to private life- to employment disputes but also the applicability of Art.1 of Prot.1 of the Convention- i.e. the right to peaceful enjoyment of property- […]
November 14, 2023
Dr. Ronagh McQuigg The European Court of Human Rights (ECtHR) has now built up a considerable body of case law on domestic abuse. It is now firmly established that failure on the part of State authorities to respond in a sufficient manner to this issue may constitute breaches of Articles 2, 3, 8 and 14 […]
November 10, 2023
by Aura Iurascu Wondering what a waste management crisis looks like? The Campania region (Italy) experienced one for 15 years. Official orders of the mayors of Caserta and San Nicola La Strada described the acute phase of the crisis as a serious situation caused by massive heaps of waste piling up in the streets that […]
November 07, 2023
by Ignatius Yordan Nugraha In today’s globalised world, a marriage contracted abroad is not a peculiar phenomenon. Same-sex couples from countries such as Bulgaria or Romania may decide to tie the knot in a country where same-sex marriage has been legalised to start a family life. These couples, however, face a major legal hurdle not […]