June 16, 2020
By Dragoș Călin In the recent judgment in the case Kövesi v. Romania (application no. 3594/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair trial) and Article 10 (right to freedom of expression) of the European Convention on Human Rights […]
March 18, 2020
This blogpost was written by Jernej Letnar Černič who is Associate Professor of Human Rights and Constitutional Law at the Faculty of Government and European Studies of the New University (Ljubljana/Kranj, Slovenia). He is co-author of the forthcoming book on “The Impact of European Institutions on the Rule of Law and Democracy: Slovenia and Beyond” […]
February 20, 2020
By Jasper Krommendijk (Radboud University, the Netherlands) On 13 February 2020, the ECtHR found for the fourth time ever a violation of Article 6(1) ECHR for a failure of the highest national court to give proper reasons for its refusal to refer preliminary questions to the Court of Justice of the EU (CJEU) in Sanofi […]
January 25, 2019
On 18 December, the Grand Chamber of the European Court of Human Rights delivered its judgment in the case of Murtazaliyeva v. Russia, finding no violation of the right to a fair trial in a case concerning the conviction of a Chechen woman for terrorist offences. The most significant aspect of the judgment concerns the […]
December 11, 2018
This guest blog post was written by Cedric Serneels, Teaching Assistant & Researcher at Institute for European Law, KU Leuven On 9 November 2018, the Grand Chamber of the European Court of Human Rights delivered its long-awaited judgment in the case of Beuze v. Belgium. In the present case, the Court was confronted with the […]
November 30, 2018
This guest post was written by Cathérine Van de Graaf, a PhD student at Ghent University. In Mutu and Pechstein v. Switzerland, the European Court of Human Rights considered the lawfulness of proceedings at the Court of Arbitration for Sports (CAS) in Lausanne. In its analysis, the Court focussed on three elements: the free acceptance of […]
May 24, 2018
Dr. Dorothea Staes (affiliated researcher, The Perelman Center for Legal Philosophy, ULB, Belgium and trainee at the European Commission) In the Grand Chamber judgement Correia de Matos v. Portugal of 4 April 2018, the European Court of Human Rights (hereinafter: the Court) decided by a majority of nine votes to eight that the right to […]
May 08, 2018
Lewis Graham, PhD Student at Pembroke College, Cambridge. The First Section Committee recently handed down its Decision in Gulamhussein and Tariq v the United Kingdom (Application Nos. 46538/11 and 3960/12) (hereafter “Tariq v UK”). It acts as a de facto appeal from a UK Supreme Court decision handed down seven years ago, and sees the […]
October 23, 2017
By Andrea Preziosi, University of Birmingham On 19 September 2017, the Grand Chamber of the European Court of Human Rights delivered a controversial judgment concerning the extent of fair trial rights in relation to the withholding of information on grounds of national security. Facts The case began with an application lodged by Mr Regner, a […]
June 29, 2017
By Prof. Dr. Ton Liefaard, Professor of Children’s Rights / UNICEF Chair in Children’s Rights, Leiden Law School, Leiden University, The Netherlands[1] The Zherdev v. Ukraine judgement of 27 April 2017 by the European Court of Human Rights (hereinafter: the Court) further augments the Court’s line of recognising the vulnerable position of children in police […]
June 22, 2017
By Sofie Depauw, PhD Researcher at Ghent University, Institute for International Research on Criminal Policy (IRCP). With its judgment in the case of Van Wesenbeeck v. Belgium, the Chamber of the European Court of Human Rights has taken a stance with regard to the scope of defence rights in case of observation and infiltration methods. […]
October 18, 2016
Guest post by Duygu Çiçek – LL.M. in Human Rights from the University of Edinburgh (2015-2016) Turkey’s recent attempted coup of the 15th of July exposed various discussions and conspiracy theories about the reasons behind the coup as well as future concerns regarding political dynamics at the domestic and international level. This contribution, however, will […]
September 05, 2016
Guest post by Cedric De Koker, Phd Researcher, IRCP, Ghent University. On 21 June 2016, the Grand Chamber of the European Court of Human Rights (ECtHR) rendered its judgment in the case of Al-Dulimi and Montana Management Inc. v. Switzerland (no. 5809/08). At issue was a potential norm conflict between the obligations stemming from a […]
July 12, 2016
By Pieter Cannoot, academic assistant and doctoral researcher of constitutional law (Ghent University) On 23 June 2016 the Grand Chamber of the European Court of Human Rights held that Hungary violated the right of access to a court (article 6, §1 ECHR) and the freedom of expression (article 10 ECHR) of András Baka, the former […]
June 30, 2014
This guest post was written by Carole Lyons, Law School, RGU, Scotland On 27 May 2014, a Grand Chamber of the ECtHR, in Margus v Croatia, pronounced upon the contentious issue of the use of amnesties in post-conflict settings. The case concerned a Croatian army commander who had been convicted of several murders of civilians […]
April 24, 2014
This guest post was written by Daniel Machover, Charles Kuhn and Christopher Honnery, respectively Head of the Civil Litigation Department, In-house Criminal and Regulatory Barrister, and Legal Researcher at Hickman and Rose. The European Court of Human Rights’ (“ECtHR”) Chamber judgment in the case of Öcalan v. Turkey (No. 2) does nothing to further […]
September 27, 2012
Earlier this week, the European Court of Human Rights released its judgment in El Haski v. Belgium, a case on the admissibility at a criminal trial of evidence potentially obtained through ill-treatment of third persons in a third State (Morocco). The ECtHR ruled that the Belgian authorities should have excluded the evidence from the trial. […]
May 18, 2012
In a recent case the Court used the ‘significant disadvantage’ criterion to declare a complaint inadmissible. In Liga Portuguesa de Futebol Profissional v. Portugal the Court made a clear distinction between the human rights issue at stake and the case at large (which concerned 20 million euros).
April 25, 2012
In the recent judgment of Boulois v. Luxembourg, the Grand Chamber denied a prisoner his right of access to court (Art. 6, § 1 ECHR) in a case concerning the refusal to grant him prison leave. The Grand Chamber’s reasoning is tainted by legal formalism and fails to do justice to the importance of social […]
May 04, 2011
In its decisions in the cases of Holub v. the Czech Republic and Bratři Zátkové, a.s. v. the Czech Republic the Court has unanimously declared the applications inadmissible. The Court used the new admissibility criterion to determine that.