Strasbourg Observers

View posts from: procedural obligations

  • Ignatius Yordan Nugraha

Defusing a Brewing Conflict with the Constitution: Humpert and Others v Germany, Procedural Rationality, and the Right of Civil Servants to Strike

February 06, 2024

by Ignatius Yordan Nugraha Civil servants are constitutionally prohibited from striking in Germany. This general prohibition also affects State school teachers who have a civil servant status. On 14 December 2023, the Grand Chamber of the European Court of Human Rights (ECtHR) ruled in Humpert and Others v Germany that such a prohibition did not […]

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  • Harriet Ní Chinnéide

L.B. v Hungary: ‘Where is the proportionality of the measure? It is not there. Animal Defenders has been invoked and applied in reverse.’

May 09, 2023

Harriet Ní Chinnéide In L.B. v Hungary, the Grand Chamber of the European Court of Human Rights (the Court) applied the general measures doctrine developed in Animal Defenders International v. UK to find that the Hungarian legislative policy of publishing the personal data of taxpayers who were in debt violated Article 8 of the European […]

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  • Aurélie Van Baelen

WHAT IS FAIR IN LAW & WAR? Discussing States’ conduct and compliance with human rights standards during military operations abroad in Hanan v. Germany

April 09, 2021

Aurélie Van Baelen, researcher at the Human Rights Centre (University of Ghent) Introduction On 16 February 2021, the European Court of Human Rights (ECtHR) delivered its long-awaited judgment in Hanan v. Germany (application no. 4871/16). The ruling presents another episode in the saga of cases regarding States’ conduct, and more specifically their compliance with international […]

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  • Guest Blogger

B. and C. v Switzerland: between concealment of sexual orientation and risk assessment in Article 3 cases

January 15, 2021

Blog post by Riccardo Viviani, LL.M., and Denise Venturi, Ph.D. Candidate in Law, KU Leuven, Research Unit Public Law* On 17 November 2020, the European Court of Human Rights (ECtHR) delivered its judgment in B. and C. v Switzerland. The case concerned the risk of deportation and ill-treatment upon return to the Gambia of a […]

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  • Guest Blogger

The case of Muhammad and Muhammad v. Romania: the first Grand Chamber judgment on article 1 of Protocol Nr. 7 ECHR (procedural safeguards with regard to expulsion of aliens)

October 29, 2020

By Bahija Aarrass (Assistant professor of administrative and migration law at the Open University Netherlands) In the judgment in the case of Muhammad and Muhammad v. Romania, the Grand Chamber  of the European Court of Human Rights held that there had been a violation of Article 1 of Protocol No. 7 of the ECHR, which […]

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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 […]

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