Strasbourg Observers

View posts from: Admissibility

  • Sarah Ganty

Sliding Fast Down the Slippery Slope of Criminalization of Poverty in Strugurel Ion Dian against Denmark

October 29, 2024

By Sarah Ganty In Dian, the Court flushes the promise of the Lăcătuş judgment that ‘begging, as a form of the right to call on another person to obtain his or her assistance, must evidently be regarded as a basic freedom’ (§59) down the drain. The Court adopts a skewed vision of poverty, finding in […]

  • Theresa Lanzl and Harriet Ní Chinnéide

Kirkorov v Lithuania: Reflections on the Blurred Lines between Manifestly Ill-founded decisions and No Violation judgments

June 28, 2024

By Theresa Lanzl and Harriet Ní Chinnéide On the 18th of April, the ECtHR rejected a complaint from Russian musician, Philip Kirkorov, concerning the Lithuanian authorities’ decision to ban him from entering the country. After engaging in a full proportionality assessment, the Court found that his complaint was manifestly ill-founded and proportionate to the legitimate […]

  • 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 […]

  • Veronica Botticelli

Human Rights at (Disputed) International Borders: Preliminary Remarks After the ECtHR’s Admissibility Decision in Georgia v. Russia (IV)

May 24, 2023

Veronica Botticelli On 20th April 2023, the European Court on Human Rights (‘the Court’ or ‘the ECtHR’) published its unanimous admissibility decision in the Georgia v. Russia (IV) case, adding another ‘brick’ to its ever-growing case law concerning inter-State proceedings. The present inter-State application stems from a set of facts and events whose (il)legality vis-à-vis […]

  • Veronica Botticelli

Does Public Entities’ Institutional Autonomy ‘Unlock’ an ECHR Rights-Holder Status by Default? National Broadcasters’ Locus Standi in the Croatian Radio-Television v. Croatia Case

April 14, 2023

by Veronica Botticelli On 2nd March 2023, the European Court of Human Rights (‘the Court’ or ‘the ECtHR’) delivered its judgment in the Croatian Radio-Television v. Croatia case, declaring – by a narrow majority – the application admissible under Article 34 of the European Convention on Human Rights (‘ECHR’), but unanimously holding that there has […]

  • Charly Derave and Hania Ouhnaoui

M. v. France: Recognising the existence of intersex persons, but not (yet) their bodily integrity

February 14, 2023

By Charly Derave and Hania Ouhnaoui On 19 May 2022, the European Court of Human Rights communicated its admissibility decision in the case of M. v. France, which deals with “normalising” medical treatments of intersex persons (i.e. those who are born with sex characteristics that do not fit the typical definition of the female and […]

  • Maria Kotsoni

The first COVID-19 related collective complaint before the European Committee of Social Rights deemed inadmissible: Greek Bar Associations v. Greece.

August 11, 2021

By Maria Kotsoni, PhD researcher at the Department of Law of the European University Institute Just a few months after the inadmissibility judgement of Le Mailloux v. France, another inadmissibility decision was adopted in a case related to states’ socio-economic management of the COVID-19 crisis. Only this time it was the European Committee of Social […]

  • Alan Greene

Falling at the First Hurdle? Terheş v Romania: Lockdowns and Normalising the Exception

June 18, 2021

By Alan Greene* Over a year into the COVID-19 pandemic and the petitions challenging many of the exceptional powers enacted by states across Europe, cases are now beginning to trickle though to the European Court of Human Rights (ECtHR; the Court). In a blog post on this website last year, I cautioned against the dangers […]

  • Guest Blogger

What Future for Human Rights? Decision-making by algorithm

May 19, 2021

Veronika Fikfak is an Associate Professor at the University of Copenhagen, where she is leading the ERC Project Human Rights Nudge team (ERC 803891), which looks at how and when states change their behaviour in response to ECtHR judgments. We use computational methods to analyse large datasets of ECtHR case law and follow up processes […]

  • Guest Blogger

European Court of Human Rights single-judge decisions (still) deny justice and risk weakening UN treaty body system

November 10, 2020

By Justin M. Loveland The European Court of Human Rights has made important contributions to the development of international human rights jurisprudence, influencing not only the domestic jurisprudence of its member European states but the practices of states outside the European system, other regional human rights systems, and international law more broadly. This well-deserved influence […]

  • Strasbourg Observers

Privacy International and others v United Kingdom: Hacking Admissibility Decision and the Risk of ‘Deference Ping Pong’

October 14, 2020

By Daniella Lock (Doctoral Candidate and Teaching Fellow, UCL Faculty of Laws, University College London) Last month, the European Court of Human Rights (ECtHR) handed down a decision that the application regarding the compatibility of the exercise of UK hacking powers made in Privacy International and others v United Kingdom was inadmissible. This was on […]

  • Guest Blogger

Grimmark v. Sweden and Steen v. Sweden: no right for healthcare professionals to refuse to participate in abortion services, and framing strategies by anti-abortion actors.

April 06, 2020

This blogpost was written by Niklas Barke, PhD Candidate, Institute for Human Rights, Åbo Akademi University On the 11th of March, the European Court of Human Rights (the Court) issued its decisions in Grimmark v. Sweden and Steen v. Sweden, two cases casting light on the issue of refusal by healthcare professionals to participate in […]

  • Guest Blogger

‘Peaceful assembly’ and the question of applicability of Article 11

January 17, 2020

Beril Önder: PhD Candidate, University of Strasbourg (Institut de Recherches Carré de Malberg) and Ghent University (Human Rights Centre) The case of Razvozzhayev v. Russia and Ukraine and Udaltsov v. Russia[1] concerned the conviction of two men for organising “mass disorder” in a political rally at Bolotnaya Square in Moscow on 6 May 2012. The […]

  • Laurens Lavrysen

Zhdanov and others v. Russia: on missed opportunities and an offensive applicant

August 29, 2019

On 16 July, the Court delivered its judgment in the case of Zhdanov and others v. Russia. The case concerns the refusal by the Russian authorities to register two LGBT rights organisations because they were considered extremist organisations on account of the allegedly immoral character of their activities. In this judgment, the Court found a […]

  • Guest Blogger

Extremist view on subsidiarity and on exhaustion of domestic remedies? Criticism of the decision Szalontay v. Hungary

May 22, 2019

By Dr. Dániel A. Karsai, attorney at law, Dániel Karsai Law Firm The Commissioner of Human Rights of the Council of Europe recently issued a report following her visit to Hungary where she made the following rather astonishing statement: “Human rights violations in Hungary have a negative effect on the whole protection system and the […]

  • Corina Heri

A Casualty of Formalism: The Application of the Six-Month Rule in Kamenica and Others v. Serbia

November 16, 2016

By Corina Heri, PhD candidate at the University of Zürich / Visiting Scholar at Ghent University On 27 October 2016, the Court published the Third Section’s decision in Kamenica and Others v. Serbia. That case concerns the alleged ill-treatment of 67 persons who fled Bosnia and Herzegovina during the conflict that broke out there in […]

  • Weichie

The saga continues … Legal standing for NGOs when de facto representing mentally disabled dying in institutions

August 29, 2016

By Helena De Vylder Once again, in the decision in Bulgarian Helsinki Committee v Bulgaria, the ECtHR had the opportunity to rule on the legal standing of an NGO when de facto representing two mentally disabled adolescents, who died in an institution. The ECtHR applied the criteria it established in Centre for Legal Resources on […]

  • Helena De Vylder

(In)justice and admissibility: No standing for their representative, but effective protection for disappeared victims?

June 09, 2016

By Helena De Vylder In the inadmissibility decision delivered on 26 April 2016 in the case of N. v. Russia and M. v. Russia, the Court rejects the petition for lack of standing of the applicants’ representative. The victims were unable to formally appoint their representative by signing a ‘power of attorney-document’, since they disappeared, […]

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