Reaching the dead-end: M.N. and others and the question of humanitarian visas

By Moritz Baumgärtel

M.N. and others v. Belgium confronted the ECtHR with the question whether Article 3 of the ECHR places an obligation on State Parties to provide short-term humanitarian visas in their foreign embassies and consulates to potential asylum seekers. The Court, assembled in its Grand Chamber, found the case to be outside the jurisdiction of the Convention and thus inadmissible. While many will look at this outcome with disappointment, it is above all expected. This post provides an initial evaluation focusing on the strategic merits of the case, the issue of extra-territorial jurisdiction, and the broader question of legal pathways to asylum. The argument, in short, will be that this decision may offer a chance to come to the overdue realization that the creation of such pathways is a political question, the answer to which cannot currently be found in European human rights law. Continue reading

Ilașcu: from contested precedent to well-established case-law

By Linda Hamid, Research Fellow at the Leuven Centre for Global Governance Studies – Institute for International Law, KU Leuven

On 15 October 2019, the European Court of Human Rights delivered a judgment in the case of Grama and Dîrul v. The Republic of Moldova and Russia, whereby it found a violation of Art. 1, Protocol No. 1 and Art. 13 to the/of the Convention by the Russian Federation only. More specifically, the Court held that the seizure of the applicants’ cars and the imposition of fines on them by the authorities of the ‘Moldavian Republic of Transdniestria’ (the MRT or Transdniestria) and the lack of an effective remedy for the applicants to assert their rights in the face of the actions of the MRT constituted a breach of said Convention provisions. Transdniestria is a breakaway region in Moldova that declared independence in 1991 but remains unrecognized by the international community. Continue reading