August 04, 2020
By Monica Pirvulescu On 17 September 2014, the Grand Chamber of the European Court of Human Rights (“ECtHR”) delivered its final judgment in the Case of Mocanu and Others v. Romania (“the Case of Mocanu”). The ECtHR found a breach of the procedural aspects of Article 2 (right to life) and Article 3 (prohibition of […]
January 31, 2020
By Prof Kanstantsin Dzehtsiarou (University of Liverpool), Editor-in-Chief of the European Convention on Human Rights Law Review It has been discussed on various levels that weak enforcement of the ECtHR judgments is a major drawback of the whole system. The lack of political will of the governments of the Contracting Parties to the Convention to […]
September 17, 2019
By Lize R. Glas, Assistant Professor of European law, Radboud University, the Netherlands When the Court took the unprecedented decision to strike 12,143 repetitive cases out of its list in Burmych and Others v. Ukraine on 12 October 2017, it added that it may reassess the situation within two years and restore the cases. As […]
June 04, 2019
By Kanstantsin Dzehtsiarou (University of Liverpool) The Grand Chamber of the European Court of Human Rights (ECtHR) delivered its first ever judgment in an infringement procedure request (under Article 46-4 ECHR) in the case of Mammadov v Azerbaijan. The applicant in this case was an opposition leader from Azerbaijan who was put in prison contrary […]
April 15, 2019
By Nino Jomarjidze and Philip Leach Resolving problems through settlements and by eliciting undertakings from governments has become a significant feature of the Strasbourg landscape. At the European Court of Human Rights (the Court), the use of friendly settlements (agreed confidentially between the parties) has been on the increase. So too, for ‘unilateral declarations’ (UD) […]
December 07, 2018
By Irina Crivet (PhD Candidate, Koç University, Istanbul, Turkey) The proliferation of international and regional human rights bodies has given the victims of human rights violations the chance to pick and choose where they can send their complaints. Whilst these choices are limited by geographical locations of individuals and the states’ acceptance of right to […]
October 25, 2018
By Kanstantsin Dzehtsiarou (University of Liverpool) In spring 2014, shocking news came from Azerbaijan. Leading human rights defenders including Mr Intigam Aliyev were arrested and charged with various financial crimes. It was clear that these charges were just a cover-up for the silencing of vocal critics of the government and for the destruction of an […]
July 27, 2018
By Lucy Moxham, Associate Senior Research Fellow at the Bingham Centre for the Rule of Law In April 2018, the Committee of Ministers (the regional body responsible for supervising the execution of judgments of the European Court of Human Rights) published its 11th Annual Report. The Committee’s Annual Report 2017 is available in full here. […]
December 20, 2017
By Lize R. Glas, assistant professor of European law, Radboud University For over seven years, the Committee of Ministers (Committee) has had at its disposal the ‘nuclear option’ of launching infringement proceedings against a state that refuses to execute a Strasbourg judgment. On 5 December 2017, it decided to go nuclear for the first time, […]
October 26, 2017
By Eline Kindt, PhD researcher Human Rights Centre – Ghent University The recent Burmych and others v. Ukraine judgment of the ECtHR of 12 October 2017 has thoroughly shifted the institutional balance in the Council of Europe between the Court and the Committee of Ministers. The Court decided to pull itself away from a situation […]
July 28, 2017
By Dr Alice Donald, Senior Lecturer and Anne-Katrin Speck, Research Associate School of Law, Middlesex University, London How far can – and should – the European Court of Human Rights recommend, or even compel, states to take certain measures after the finding of a violation of the European Convention on Human Rights? This question is […]