April 16, 2015
By Flutura Kusari The report drawn up by law professor Jean Paul Jacqué that reviews EULEX’s handling of the whistleblowing case of Maria Bamieh (briefly explained below) reveals that European Union institution employees reporting irregularities do not enjoy protection under the right to freedom of expression. The expert’s narrow and wrong interpretation of whistleblowing protection […]
April 15, 2015
By Dirk Voorhoof Today, the Grand Chamber of the ECtHR held a hearing in the case of Couderc and Hachette Filipacchi Associés v. France (App. no. 40454/07). The hearing is webcasted and can be viewed on the Court’s website, here. The case concerns the right of privacy and reputation of Monaco’s reigning monarch conflicting with […]
April 14, 2015
By Dirk Voorhoof, Ghent University I disagree with the analysis of and the comments on the Rubins v. Latvia judgment by Elena Sychenko, posted on 13 April 2015 on Strasbourg Observers, finding that the judgment is an example of an erroneous adjudication and is granting protection to blackmailing. I consider the judgment a well balanced […]
April 13, 2015
This guest blog post was written by Elena Sychenko, Ph.D. student at the University of Catania, Law Faculty, Labour Law Department. The recent case of Rubins v. Latvia has received much attention from lawyers. Commentators assumed that the Court established a protection of employees not covered by whistle-blowing provisions[1] and believed that the Court contributed […]
April 07, 2015
I am happy to share with the readers the recent publication of my chapter “On the Road to Substantive Equality: Due Process and Non-discrimination at San José,” written for the book When Humans Become Migrants: Study of the European Court of Human Rights with an Inter-American Counterpoint, by Marie-Bénédicte Dembour (Oxford University Press 2015).
March 27, 2015
By Lourdes Peroni Karaahmed v. Bulgaria, a case recently decided at Strasbourg, concerned incidents arising from a demonstration by followers of “Ataka,” a political party known for its views against Islam and its adherents. The place of the demonstration: in front of the Banya Bashi Mosque in Sofia. The time: during Friday prayers. The manner: […]
March 12, 2015
This guest post was written by Flutura Kusari, Ph.D. researcher at the Human Rights Centre of Ghent University, and Nani Jansen, Legal Director of the Media Legal Defence Initiative. Haldimann and Others v. Switzerland, a decision of the European Court of Human Rights (the “ECtHR”) published on 24 February 2015, backed the investigative methods of […]
March 10, 2015
This guest post was written by Ingrid Leijten, Ph.D. researcher and lecturer at the Leiden University Faculty of Law, Department of Constitutional and Administrative Law. See also the post she wrote for Verfassungsblog. Over the years, the Court’s social security case law has not become much easier to understand. Meanwhile, the Court has rendered numerous […]
February 24, 2015
This guest post was written by Paul Harvey, a UK lawyer in the Registry of the European Court of Human Rights. This article is an edited version of a paper given at the European University Institute, Florence on 28 January 2015. The views expressed are personal. Comments are welcome at paulgharvey[at]gmail.com. What constitutes an effective […]
February 20, 2015
This guest post was written by Salvo Nicolosi, Postdoctoral Researcher at Ghent University’s Human Rights Centre. The recent decision in A.M.E. v. The Netherlands, issued by the European Court of Human Rights last 13 January 2015 and notified in writing on 5 February 2015, offers another occasion to assess through a human rights perspective the […]
February 12, 2015
With an impressive 1,000 votes cast, the time has come to announce the winners and losers of this year’s poll on the best and worst ECtHR judgment of 2014. We will not let the audience linger in anxious anticipation, but will get straight down to the nitty-gritty. Here are the results: Best Judgment – Top […]
February 02, 2015
By Laurens Lavrysen In the case of Dubská and Krejzová v. Czech Republic, the Strasbourg Court had to pronounce itself on the regulation of home birth under Czech law. While on the one hand Czech law allowed for home births, on the other hand it prohibited midwives from assisting them. In its judgment of 11 […]
January 28, 2015
This guest post was written by Corina Heri, Ph.D. researcher at the University of Zürich, Switzerland, and visiting researcher at the Human Rights Centre, Ghent University[1] In its recent judgment in Petropavlovskis v. Latvia, the European Court of Human Rights considered whether the domestic authorities’ refusal to naturalize a government-critical activist constituted a punitive measure […]
January 14, 2015
In keeping with our annual tradition, we hereby kindly invite all our readers to cast their vote for the best and worst European Court of Human Rights judgment of the previous year, i.e. of 2014. 2014 was a year of many highs for the ECtHR, but unfortunately also of a few lows (both liberally defined as such […]
January 13, 2015
First of all, a Happy New Year to you all, dear readers! As far as we are concerned, 2015 couldn’t have started better. We’re proud to announce the publication of the article “‘Don’t use a Sledgehammer to Crack a Nut’: Less Restrictive Means in the Case Law of the European Court of Human Rights”, written […]
December 18, 2014
By Lourdes Peroni At a time when family life takes increasingly diverse forms in Europe and elsewhere, the recent judgment in Senchishak v. Finland clings to the ideal of parents and minor children as the yardstick to determine the existence of family life at Strasbourg. The Court declared the complaint under Article 8 inadmissible, after finding […]
December 10, 2014
This guest post was written by Rebecca Deruiter. PhD Researcher at the Institute for International Research on Criminal Policy (IRCP), Ghent University [1] In its recent ruling in Vasilescu v. Belgium, the European Court of Human Rights convicted the Belgian state of inhuman and degrading treatment violating Article 3, for the deplorable detention conditions during […]
December 08, 2014
This guest post was written by Cedric De Koker, Phd Researcher, IRCP, Ghent University. With its judgment in the case of Jaloud v. the Netherlands, the Grand Chamber of the European Court of Human Rights (ECtHR) has added another chapter to its growing body of case law relating to the extra-territorial application of the European […]
December 03, 2014
This guest post was written by Constantin Cojocariu, human rights lawyer[1] Recently, I got involved in a case pending before the European Court of Human Rights – N. v. Romania – on behalf of a man diagnosed with schizophrenia, who claimed that his detention for 14 years in high security psychiatric hospitals has been unlawful. […]
December 01, 2014
This guest post was written by Nesa Zimmermann, Ph.D. candidate and teaching assistant at the University of Geneva, Switzerland (*) The Court’s recent ruling in Tarakhel v. Switzerland became famous almost before it was delivered. The case has received strong media attention, and some claimed the judgment signified “the end of the Dublin system”. However, […]