Strasbourg Observers

View posts from: Access to Court

  • Ash Stanley-Ryan

J.C. and Others v. Belgium: the delicate balance of state immunity and human dignity

January 12, 2022

By Ash Stanley-Ryan International law walks a tightrope between the rights of sovereign States and the rights of those who comprise them. Tip too far to either side and the system breaks – sovereignty either becomes unbridled power, or becomes meaningless. This delicate balancing is most evident when sovereign power and human rights directly collide, […]

  • Guest Blogger

Baka v. Hungary: judicial independence at risk in Hungary’s new constitutional reality

July 12, 2016

By Pieter Cannoot, academic assistant and doctoral researcher of constitutional law (Ghent University) On 23 June 2016 the Grand Chamber of the European Court of Human Rights held that Hungary violated the right of access to a court (article 6, §1 ECHR) and the freedom of expression (article 10 ECHR) of András Baka, the former […]

  • Laurens Lavrysen

No Access to Court: on Prison Leave, Social Reintegration and Legal Formalism

April 25, 2012

In the recent judgment of Boulois v. Luxembourg, the Grand Chamber denied a prisoner his right of access to court (Art. 6, § 1 ECHR) in a case concerning the refusal to grant him prison leave. The Grand Chamber’s reasoning is tainted by legal formalism and fails to do justice to the importance of social […]