Strasbourg Observers

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  • Jef Seghers

Scientific complexity and judicial legitimacy: What does the KlimaSeniorinnen judgment bode?

June 14, 2024

By Jef Seghers On 9 April 2024, the European Court of Human Rights (ECtHR, the Court) issued its long-awaited Grand Chamber judgments in three climate litigation cases. This post is about the most comprehensive of the three judgments – and the only one in which the complaint was not ruled inadmissible: the one in the […]

  • Koen Lemmens

Judges on social media: freedom of expression versus duty of judicial restraint – lessons from Danilet v. Romania

June 07, 2024

By Koen Lemmens Freedom of expression raises difficult legal questions for people occupying special positions in society.  As a matter of principle they enjoy freedom of expression, but the specific position in which they find themselves may have an impact on the scope of that freedom. Judges are an example of a category of speakers […]

  • Eleni Polymenopoulou

Triumph or pyrrhic victory for the freedom to protest? A critical discussion of Auray v France

May 31, 2024

By Eleni Polymenopoulou On February 2nd 2024, the European Court for Human Rights (ECtHR) issued Auray v France, an interesting judgment condemning France for restricting freedom of speech, freedom of assembly and protesters’ freedom of movement. The judgment, which is for now available in French only, became final on May 5th and builds on the […]

  • Thibaut Lesseliers

Föderation der Aleviten Gemeinden in Österreich v. Austria: the ECtHR’s silent expansion of the associational dimension of the freedom to manifest religion

May 24, 2024

by Thibaut Lesseliers In the case of Föderation der Aleviten Gemeinden in Österreich, the European Court of Human Rights (‘ECtHR’, ‘the Court’) ruled on the Article 9 (freedom of religion) and Article 6 § 1 (reasonable time aspect of right to fair trial) complaints brought by an Alevi cultural association following the refusal of the […]

  • Elien Verniers

Executief van de Moslims van België and Others v. Belgium: the ECtHR’s perspective on balancing animal welfare with religious freedom

May 08, 2024

by dr. Elien Verniers In February, the European Court of Human Rights (ECtHR) delivered a landmark judgment with significant animal welfare implications in Belgium and beyond in the case of Executief van de Moslims van België and Others v. Belgium. The ECtHR decided, in line with the previous judgment of the European Court of Justice […]

  • Ingrida Milkaitė, Marlies Vanhooren, Cathérine Van de Graaf, Pieter Cannoot, Eva Brems

Third Party Intervention to the ECtHR in Obesnikova v Bulgaria: Unpacking Gender Bias in Youth Football

May 03, 2024

By Ingrida Milkaitė, Marlies Vanhooren, Cathérine Van de Graaf, Pieter Cannoot, Eva Brems In February, 2024 the Human Rights Centre [1] (HRC) of Ghent University in Belgium submitted a third party intervention (TPI) before the European Court of Human Rights (ECtHR or the Court) in the communicated case of Eva Hristova Obesnikova v Bulgaria (Application […]

  • Marion Sandner

Backwards steps on the enjoyment of rights – a matter of state intervention or of interference? Retrogressive measures before the European Court of Human Rights.

April 30, 2024

Marion Sandner Two aspects in particular warrant attention in the recently decided case of Diaconeasa v. Romania: First, the continuing longstanding untenable attitude of some actors/authorities towards unpaid care work; second, the European Court of Human Rights’ (ECtHR, the Court) approach to retrogressive measures on entitlements to benefits and State support. In this post, after […]

  • Cathérine Van de Graaf

Georgian Muslim Relations and Others v. Georgia – A bleeding pig’s head and other expressions of religious hatred with no police intervention

April 23, 2024

by dr. Cathérine Van de Graaf1 On 30 November, the Fifth Division of the European Court of Human Rights ruled in the case of Georgian Muslim Relations and Others v. Georgia. The Court ruled that Georgia had violated its positive obligations under Articles 8 and 9 of the Convention in conjunction with Article 14 as […]

  • Noa Vreven

M.L. v. Poland: potential to liberalise women’s abortion rights?

April 19, 2024

By Noa Vreven On 14 December 2023, the European Court of Human Rights ruled in the case of M.L. v. Poland (no. 40119/21). The case concerned the prohibition of abortion on the legal grounds of foetal abnormality, following a much-discussed ruling by the Polish Constitutional Court of 2020. This legal development forced the applicant to […]

  • Mathieu Leloup

A right for judges to challenge legislation? Strasbourg’s untenable ambiguity

April 16, 2024

By dr. Mathieu Leloup It is no secret that the protection of the independence of domestic judges has been high on the judicial agenda of the supranational courts in the recent past. Over the course of the last few years, issues related to judicial independence have been at the forefront of the case law of […]

  • Eva Brems

The single judge and the single-sentence motivation (2): The bewildering dismissal of Asmeta v France

April 12, 2024

Eva Brems In a previous blogpost I wondered whether scholars and teachers of the ECHR can really understand how the Court interprets the Convention, if we do not know what happens in the large majority of cases, in particular those dismissed as inadmissible by a single judge in a four-line decision devoid of motivation. This […]

  • Eva Brems

The single judge and the single-sentence motivation (1): The Sloppy Decision in Deleuran v. Denmark

April 09, 2024

Eva Brems ‘The European Court as the main violator of human rights’, it said on a PowerPoint slide in my ECHR class this semester. This was a presentation by a guest speaker: an attorney with a lot of experience with ECtHR procedures. I had simply invited him to talk about this experience, but he had […]

  • Dr. Alice Dejean de la Bâtie

Ramadan v. France: You shall not name your accuser in vain

March 22, 2024

Dr. Alice Dejean de la Bâtie French criminal law forbids anyone to disclose or even publicly mention the name of the victim of sexual assault without their express written permission. Anyone. Ever. Even the defendants themselves. Even before any trial has taken place. Even if the victim’s name has previously been disclosed countless times. Can […]

  • Vladislava Stoyanova

Krachunova v. Bulgaria: New Positive Obligation under Article 4 ECHR to Compensate Victims of Human Trafficking for Pecuniary Damages

March 19, 2024

By Vladislava Stoyanova Krachunova v. Bulgaria is the first judgment where the ECtHR addressed the question of compensation for victims of human trafficking as a positive obligation held by States under Article 4 of the Convention. As the Court noted at para 161, in this case, the Court is ‘for the first time confronted with […]

  • Anca Ailincai

The Parliamentary Assembly of the Council of Europe is at it again. On the non-ratification of the credentials of Azerbaijan’s parliamentary delegation

March 08, 2024

by Anca Ailincai On 24th January 2024, the Parliamentary Assembly of the Council of Europe (PACE) resolved not to ratify the credentials of Azerbaijan’s parliamentary delegation. Consequently, the Azerbaijani delegation has been suspended from participating in PACE until further notice. The decision was based on substantive grounds, including the use of military force in Nagorno-Karabakh, […]

  • Dr Juan Ruiz Ramos

W.A. and Others v. Italy: Is a cry for help not enough to trigger non-refoulement?

March 05, 2024

By Dr Juan Ruiz Ramos Introduction W.A. and Others v. Italy concerns the procedures that States ought to follow to avoid violating the principle of non-refoulement under Article 3 of the European Convention on Human Rights (Convention). While procedural matters often do not create as much hype among academics as questions of substance—such as the […]

  • Dr Donatas Murauskas

Trial by media and the right to respond in Narbutas v. Lithuania

March 01, 2024

By Dr Donatas Murauskas Should anyone be left to the mercy of trial by media? ‘Never ever. Under no circumstances,’ underlines judge Kūris in his elaborated dissenting opinion in Mesić v. Croatia (no. 2), criticising the Chamber reasoning that sets ‘a very low standard for the protection of personality rights’. The case-law develops, and new contexts […]

  • Dr Dimitrios Kagiaros

O.G. and others v. Greece: A belated vindication for (some) sex workers living with HIV

February 27, 2024

By Dr Dimitrios Kagiaros In O.G. and others v. Greece, the Third Section of the ECtHR delivered a compelling judgment vindicating the rights of sex workers living with HIV in Greece who had been subjected to unprecedented public shaming and vilification by Greek authorities. While the judgment unequivocally denounced the actions of the Greek authorities, […]

  • Sarah Trotter

The construction of a right to birth registration in European human rights law: the case of G.T.B. v Spain

February 23, 2024

By Dr Sarah Trotter On 16 November 2023, the European Court of Human Rights (‘the ECtHR’) handed down its judgment in G.T.B. v Spain. It is a judgment that constitutes a significant moment in the development of the right to respect for private life under Article 8 of the European Convention on Human Rights (‘the […]

  • Ignatius Yordan Nugraha

Defusing a Brewing Conflict with the Constitution: Humpert and Others v Germany, Procedural Rationality, and the Right of Civil Servants to Strike

February 06, 2024

by Ignatius Yordan Nugraha Civil servants are constitutionally prohibited from striking in Germany. This general prohibition also affects State school teachers who have a civil servant status. On 14 December 2023, the Grand Chamber of the European Court of Human Rights (ECtHR) ruled in Humpert and Others v Germany that such a prohibition did not […]

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