Strasbourg Observers

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  • Guest Blogger

Romeo Castaño: “meticulously elaborated interpretations” for the sake of prosecution

September 10, 2019

By Mattia Pinto, PhD Candidate at the London School of Economics, Department of Law  On 9 July 2019, the Second Section of the European Court of Human Rights (ECtHR or the Court) delivered its judgement in Romeo Castaño v. Belgium, concerning Belgium’s failure to execute multiple European Arrest Warrants (EAWs) issued by Spanish authorities in […]

  • Guest Blogger

Stoian v. Romania: the Court’s drift on disability rights intensifies

September 05, 2019

By Constantin Cojocariu On 25 June 2019, the Court released an eagerly awaited judgment in the case of Stoian v. Romania, brought by a disabled child and his mother, who complained about the denial of the right to education. The Court, ruling as a Committee, rejected all claims, brutally ending an unprecedented litigation campaign on […]

  • Guest Blogger

Grand Chamber limits the scope of Article 3 for non-state ill-treatment

September 03, 2019

By Nicole Bürli, Human Rights Advisor of the World Organisation against Torture (OMCT)[1] On 25 June 2019, coincidently the eve of the international day in support of victims of torture, the Grand Chamber of the European Court of Human Rights limited the scope of Article 3 ECHR. In the case of Nicolae Virgiliu Tănase v. […]

  • 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

Vladimir Ushakov V. Russia – The 1980 Hague Convention, the child’s best interests and gender biases

August 21, 2019

By Tine Van Hof, PhD researcher at the University of Antwerp  On the 18th of June 2019, the European Court of Human Rights gave judgment in the case of Vladimir Ushakov v. Russia (application no. 15122/17). The Court held by six votes to one that there has been a violation of the applicant’s right to […]

  • Guest Blogger

Glaisen v. Switzerland : the Court still gives up on reasonable accommodation

August 15, 2019

By Morgane Ventura – PhD researcher at the Geneva University (UNIGE) On 18 July 2019, the European Court of Human Rights published its inadmissibility decision in the case of Glaisen v. Switzerland, regarding the access of a disabled person to a cinema. Glaisen complained that the cinema company denied him the access to watch a […]

  • Guest Blogger

A worrisome reasoning by the Strasbourg Court in a domestic violence case: Kurt v. Austria

August 13, 2019

By Zane Ratniece On 4 July 2019, a Chamber of the European Court of Human Rights (‘Court’) delivered a judgment in Kurt v. Austria. The case concerned a disturbing situation of domestic violence, which escalated over time and ended with the killing of the applicant’s son by her violent husband. (para. 3) The Chamber found that […]

  • Guest Blogger

Brzeziński v. Poland: Fine over ‘false’ information during election campaign violated Article 10

August 08, 2019

By Ronan Ó Fathaigh On 25 July 2019, the European Court of Human Rights delivered an important judgment in Brzeziński v. Poland, concerning a provision in Poland’s election law which allows a court, within 24 hours, to consider whether ‘untrue information’ has been published, and to issue an order prohibiting its further distribution. The European […]

  • Guest Blogger

Prohibiting Collective Expulsion in Melilla: What Should We Expect from the Upcoming Grand Chamber Decision?

August 06, 2019

Raoul Wieland studies law and social work at McGill University in Montreal, Canada. He is undertaking a work placement with Amnesty International’s Strategic Litigation Unit at the International Secretariat in London. On 3 October 2017, the European Court of Human Rights released its judgment in the important case of N.D. and N.T. v Spain. Considering […]

  • Guest Blogger

Tasev v North- Macedonia: (blurry) dimensions and boundaries of the right to free self-identification

August 01, 2019

By Kristin Henrard, Professor of Fundamental Rights, Erasmus Law School, Rotterdam On 16 May 2019 the European Court of Human Rights (ECtHR or the Court) delivered its judgement in Tasev v North Macedonia regarding the refusal of the authorities to change the ethnic affiliation of a judge in the electoral roll of judges. The Court […]

  • Corina Heri

Volodina, Article 3, and Russia’s systemic problem regarding domestic violence

July 30, 2019

By Corina Heri, postdoctoral researcher at the University of Amsterdam ‘When he kills you, come and see us’, police reportedly told the applicant in Volodina v. Russia before proceeding to ignore her allegations of domestic violence. On 9 July, the Third Section found that the respondent State had violated its positive obligations under Article 3 […]

  • Guest Blogger

A Bumpy Road to Strasbourg: Ups and Downs of the Ukrainian National Selection Process

July 25, 2019

By Dr. Kanstantsin Dzehtsiarou (University of Liverpool) I have already written two blog posts on the issue of election of judges of the European Court of Human Rights in Ukraine here and here. To sum up, the election of the new Ukrainian judge meant to take place in December 2018, but the Ukrainian authorities have […]

  • Guest Blogger

Parental Child Abduction is back on the agenda of the European Court of Human Rights

July 23, 2019

Simona Florescu PhD fellow, Leiden Law School, the Child Law Department Parental child abduction has been a frequent occurrence for the European Court of Human Rights with the case of O.C.I. and others v Romania being the latest in a series of more than 70 applications. The Court decided these cases in several formations, ranging […]

  • Guest Blogger

A and B. v. Croatia and the concurring opinion of Judge Wojtyczek: the procedural status of the ‘disappearing party’

July 16, 2019

Claire Loven – PhD researcher at the Montaigne Centre for Rule of Law and Administration of Justice (Utrecht University) On 20 June 2019 the European Court of Human Rights (ECtHR or Court) delivered a judgment in A and B. v. Croatia on the investigation of allegations of child sexual abuse. A, the mother of B, […]

  • Guest Blogger

Russia left, threatened and won: Its return to the Assembly without sanctions

July 02, 2019

By Lize R. Glas, Assistant Professor of European law, Radboud University, the Netherlands The background story: The Assembly takes action As has been recounted on this blog and on other blogs already (see here and here as well), the Parliamentary Assembly of the Council of Europe (Assembly) and Russia have been in a row ever […]

  • Guest Blogger

How many judgments does one need to enforce a judgment? The first ever infringement proceedings at the European Court of Human Rights.

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 […]

  • 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 […]

  • Guest Blogger

Kablis v. Russia: prior restraint of online campaigning for a peaceful, but unauthorised demonstration violated Article 10 ECHR

May 17, 2019

This blogpost was written by Ronan Ó Fathaigh and Dirk Voorhoof On 30 April 2019, in Kablis v. Russia, the European Court’s Third Section unanimously found that the blocking by Russian authorities of an activist’s social networking account and entries on his blog had breached his right to freedom of expression under Article 10 ECHR. […]

  • Guest Blogger

The discovery in flagrante delicto, the Kafkaesque fate of a Supreme judge and the Turkish Constitutional Court: The Alparslan Altan case in Strasbourg

May 06, 2019

By Emre Turkut, PhD researcher at Ghent University On 16 April 2019, the Second Section Chamber of the European Court of Human Rights (the ECtHR) delivered a long-awaited decision in the case of Alparslan Altan v. Turkey, an application lodged by a former judge serving on the Turkish Constitutional Court (TCC) to challenge his arbitrary […]

  • Guest Blogger

Election of the ECtHR Judge in Ukraine: from bad to worse

April 29, 2019

By Kanstantsin Dzehtsiarou (University of Liverpool) As I have predicted in my previous blog post on this issue, the campaign for election of a judge in Ukraine has already proved to be a good case study illustrating the challenges that the Council of Europe institutions have to confront. These challenges now mainly result from poor […]

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