Strasbourg Observers

View posts from: Admissibility

  • Maris Burbergs

How significant is the ‘significant disadvantage” of the new admissibility criterion (Part II)?

May 09, 2011

It has been claimed[1] and it is also my understanding that human rights protect important aspects of a human life. The views on what are the important aspects may vary. The drafters of the Universal Declaration of Human Rights put in their views; inspired by the rights in the Declaration, the European Convention was composed, […]

  • Maris Burbergs

How significant is the ‘significant disadvantage’ of the new admissibility criterion (Part I)?

May 04, 2011

In its decisions in the cases of Holub v. the Czech Republic and Bratři Zátkové, a.s. v. the Czech Republic the Court has unanimously declared the applications inadmissible. The Court used the new admissibility criterion to determine that.

  • Alexandra Timmer

Gypsy Way of Life “By Birth” or “By Choice”

February 22, 2011

This post is co-authored by Lourdes Peroni and Alexandra Timmer In an inadmissibility decision that might have gone unnoticed by many, the Court has recently ruled in an interesting case, Horie v UK. The case involves a “New Age Traveler” who complained of an impediment on her ability to pursue a nomadic way of life. […]

  • Maris Burbergs

‘De minimis non curat praetor’ principle in the Court’s practice

August 25, 2010

The Court has recently issued an inadmissibility decision in the case of Korolev v. Russia invoking the new admissibility criterion, introduced with the entry into force of Protocol No.14 to the Convention on 1 June 2010. The new admissibility criterion provides that applications are inadmissible where “the applicant has not suffered a significant disadvantage, unless […]

  • Eva Brems

Zubczewski v Sweden: margin of appreciation as a blank check

April 12, 2010

An observer of the Strasbourg case-law should always remember to include the inadmissibility decisions in her research. The changes in the Court’s procedures, introducing committees of three judges and judges sitting alone, have made this more difficult (those decisions are not on HUDOC), yet at the same time have resulted in a situation in which […]

  • Weichie

Strasbourg dances around the Cypriot question

April 12, 2010

Recently, the Strasbourg Court declared inadmissible a series of applications by Greek-Cypriot applicants claiming a violation of their property rights due to the continued occupation of the Northern part of Cyprus by Turkey. The eight admissibility cases were the first such applications to be examined by the Court following the pilot-judgment Xenides-Arestis v. Turkey (app. […]

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