May 04, 2015
By Eva Brems The Court’s case law on the expulsion of very ill persons to their country of origin bothers many. The standard of ‘very exceptional circumstances’ set in N v United Kingdom (2008) is so high that no applicant to date has passed it. The only individual who has won a case of this […]
April 30, 2015
This guest post was written by Sarah Ganty, Ph.D. student at the Institute for European Studies and at the Faculty of Law (Perelman Centre for Legal Philosophy) of the ULB within the Research project ARC “Sous le signe du mérite et de la conformité culturelle, les nouvelles politiques d’intégration des immigrés en Europe”. See also […]
April 24, 2015
This guest post was written by Ivana Isailovic, post-doc researcher at the Perelman Center (Université libre de Bruxelles) and affiliated to the IAP, Human Rights Integration project.[1] The Y.Y v. Turkey decision deals with the process of gender recognition, which is one of the many pressing legal issues trans[2] communities are struggling with in Europe. […]
April 22, 2015
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 […]
April 20, 2015
This guest post was written by Christina Kosin, LL.M. (Edinburgh) and Ph.D. student and academic assistant within the Network of Excellence for the Law of Civil Security in Europe at the German Police University in Münster, Germany. See also the post she wrote for EU Law Analysis. The main argument of this comment is that […]
April 16, 2015
By Flutura Kusari The report drawn up by law professor Jean Paul Jacqué that reviews EULEX’s handling of the whistleblowing case of Maria Bamieh (briefly explained below) reveals that European Union institution employees reporting irregularities do not enjoy protection under the right to freedom of expression. The expert’s narrow and wrong interpretation of whistleblowing protection […]
April 15, 2015
By Dirk Voorhoof Today, the Grand Chamber of the ECtHR held a hearing in the case of Couderc and Hachette Filipacchi Associés v. France (App. no. 40454/07). The hearing is webcasted and can be viewed on the Court’s website, here. The case concerns the right of privacy and reputation of Monaco’s reigning monarch conflicting with […]
April 14, 2015
By Dirk Voorhoof, Ghent University I disagree with the analysis of and the comments on the Rubins v. Latvia judgment by Elena Sychenko, posted on 13 April 2015 on Strasbourg Observers, finding that the judgment is an example of an erroneous adjudication and is granting protection to blackmailing. I consider the judgment a well balanced […]
April 13, 2015
This guest blog post was written by Elena Sychenko, Ph.D. student at the University of Catania, Law Faculty, Labour Law Department. The recent case of Rubins v. Latvia has received much attention from lawyers. Commentators assumed that the Court established a protection of employees not covered by whistle-blowing provisions[1] and believed that the Court contributed […]
April 07, 2015
I am happy to share with the readers the recent publication of my chapter “On the Road to Substantive Equality: Due Process and Non-discrimination at San José,” written for the book When Humans Become Migrants: Study of the European Court of Human Rights with an Inter-American Counterpoint, by Marie-Bénédicte Dembour (Oxford University Press 2015).
March 27, 2015
By Lourdes Peroni Karaahmed v. Bulgaria, a case recently decided at Strasbourg, concerned incidents arising from a demonstration by followers of “Ataka,” a political party known for its views against Islam and its adherents. The place of the demonstration: in front of the Banya Bashi Mosque in Sofia. The time: during Friday prayers. The manner: […]
March 12, 2015
This guest post was written by Flutura Kusari, Ph.D. researcher at the Human Rights Centre of Ghent University, and Nani Jansen, Legal Director of the Media Legal Defence Initiative. Haldimann and Others v. Switzerland, a decision of the European Court of Human Rights (the “ECtHR”) published on 24 February 2015, backed the investigative methods of […]
March 10, 2015
This guest post was written by Ingrid Leijten, Ph.D. researcher and lecturer at the Leiden University Faculty of Law, Department of Constitutional and Administrative Law. See also the post she wrote for Verfassungsblog. Over the years, the Court’s social security case law has not become much easier to understand. Meanwhile, the Court has rendered numerous […]
February 24, 2015
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 […]
February 20, 2015
This guest post was written by Salvo Nicolosi, Postdoctoral Researcher at Ghent University’s Human Rights Centre. The recent decision in A.M.E. v. The Netherlands, issued by the European Court of Human Rights last 13 January 2015 and notified in writing on 5 February 2015, offers another occasion to assess through a human rights perspective the […]
February 12, 2015
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 […]
February 02, 2015
By Laurens Lavrysen In the case of Dubská and Krejzová v. Czech Republic, the Strasbourg Court had to pronounce itself on the regulation of home birth under Czech law. While on the one hand Czech law allowed for home births, on the other hand it prohibited midwives from assisting them. In its judgment of 11 […]
January 28, 2015
This guest post was written by Corina Heri, Ph.D. researcher at the University of Zürich, Switzerland, and visiting researcher at the Human Rights Centre, Ghent University[1] In its recent judgment in Petropavlovskis v. Latvia, the European Court of Human Rights considered whether the domestic authorities’ refusal to naturalize a government-critical activist constituted a punitive measure […]
January 14, 2015
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 […]
January 13, 2015
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 […]