Strasbourg Observers
  • Koen Lemmens

“That’s what she said!” – Alexandru Pătraşcu v. Romania

April 11, 2025

By Koen Lemmens Liability for what others said on social media remains a complicated issue as a recent ECtHR judgment illustrates once again. In Alexandru Pătraşcu v. Roumania, the Court had to assess the applicant’s civil conviction for statements made by him, but also for statements made by other persons, on his Facebook page. According […]

  • Burak Tahsin Bahce

The Court as a Watchdog of Democracy: Separate Opinion in Novaya Gazeta and Others v. Russia and Proposal for Stock-Taking

April 08, 2025

By Burak Tahsin Bahce In Novaya Gazeta and Others, delivered on 11 February 2025, the European Court of Human Rights issued yet another judgment against Russia, finding multiple violations, importantly a violation of Article 10 of the Convention. Judge Pavli expressed his concurring opinion addressing a broader issue -the Court’s role as a ‘watchdog of […]

  • Sophie Bols

In the footsteps of Darboe and Camara – Age assessment of unaccompanied minors in A.C. v. France: between procedure and protection

April 04, 2025

By Sophie Bols On 16 January 2025, the European Court of Human Rights issued another judgment, A.C. v. France, on age assessment procedures for unaccompanied minors and held that there was a violation of Article 8 ECHR. The Court emphasises the importance of procedural safeguards, reaffirming some of the findings established in Darboe and Camara […]

  • Violetta Sefkow-Werner

Individual vs. representative applications or environment vs. climate issues – The ECtHR’s Cannavacciuolo and Others v. Italy judgment

April 02, 2025

Violetta Sefkow-Werner The recent judgment of the European Court of Human Rights (ECtHR or the Court) in the case Cannavacciuolo and Others v. Italy of 30 January 2025 concerns a large-scale pollution phenomenon in the Italian Campania region caused by decades-long illegal and uncontrolled waste disposal by private actors and sustained by the government’s systematic […]

  • Stephanie Motz and Annina Mullis

Undermining protection standards in pushbacks cases: The ECtHR in A.R.E. v. Greece and G.R.J. v. Greece

March 28, 2025

Stephanie Motz and Annina Mullis On 7 January 2025, the European Court of Human Rights (Court/ECtHR) published its findings in A.R.E. v. Greece and G.R.J. v. Greece. In these two cases, the Court adjudicated for the first time specifically on pushback allegations at the hands of Greek authorities. Both applications were part of a series of […]

  • Merel Vrancken

Salay v. Slovakia: the Court disproportionately focuses on testing in condemning the disproportionate placement of Roma children in special education

March 25, 2025

By Merel Vrancken In Salay v. Slovakia the European Court of Human Rights held that the overrepresentation of Roma pupils in special education in Slovakia constituted discrimination. The ECtHR’s ruling in Salay v. Slovakia is very similar to that of the Grand Chamber in D.H. and Others v. the Czech Republic in 2007. Nonetheless, Salay […]

  • 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 […]

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