Poll: Best and Worst ECtHR Judgment of 2019

Dear readers,

As the Grand Chamber made clear in the (in)famous Lautsi case, “the decision whether or not to perpetuate a tradition falls in principle within the margin of appreciation”. Exercising our discretion in this respect, we hereby decide to perpetuate our tradition of celebrating the start of the New Year with the launch of our annual poll for the best and worst ECtHR judgment of the preceding year.

Where did the Strasbourg Court in 2019 seize the opportunity to truly act as a beacon of hope to victims of human rights violations across Europe? Conversely, where did the Court fail to provide robust human rights protection? We would like to warmly encourage you, our readers, to participate in answering these questions in the 2019 edition of our vote. Continue reading

Call for papers: Conference “The ECHR Turns 70 – Taking Stock, Thinking Forward”

The Convention for the Protection of Human Rights and Fundamental Freedoms, better known as the European Convention on Human Rights (ECHR), was opened for signature in Rome on 4 November 1950. The Convention will thus be 70 next autumn. Ghent University’s Human Rights Centre wishes to take the opportunity of this anniversary to take stock of the history of the Convention system and to think about its future during an international conference.

The conference will take place in Ghent (Belgium) on 18-20 November 2020. More information can be found in the call for papers below (or download the PDF version with clickable links from the conference website, which will be regularly updated).

During the conference, we will also be present in a Strasbourg Observers live format, allowing scholars to critically discuss single ECtHR judgments in the best Strasbourg Observers tradition. We hope to meet many of our readers and contributors there! Continue reading

New journal: ECHR Law Review

It doesn’t happen every day that a new journal is launched in the area of human rights law, let alone one that focuses exclusively on European Convention law. Looking forward to reading the new ECHR Law Review, edited by regular Strasbourg Observers blogger Kanstantsin Dzehtsiarou and by Vassilis Tzevelekos.

More info on the aim of the journal and how to submit an article below.

Continue reading

Poll: Best and Worst ECtHR Judgment of 2018

Dear readers,

At the start of the New Year, we traditionally like to seize the moment and assess the past year of Strasbourg jurisprudence. For this purpose, we are hereby launching our poll for the best and worst ECtHR judgment of 2018. We would like to warmly encourage you, our readers, to participate in our annual vote.

Out of the 1,014 judgments delivered by the ECtHR in the course of 2018, our internal voting process resulted in a diverse selection of five judgments in each category. If you are, however, of the opinion that we missed out on an important case(s), you can also select other good or bad cases that we may have missed out using the “Other” option. You are welcome to share your reasons for voting via the comments section below.

The winners and losers will be announced in about a month.

To refresh your memory on the nominated judgments – or to introduce you to them – we have included brief summaries below the polls. Continue reading

Magyar Jeti Zrt v. Hungary: the Court provides legal certainty for journalists that use hyperlinks

By Carl Vander Maelen (research group Law & Technology, Ghent University)

On 4 December 2018 the European Court of Human Rights (‘the Court’) found a violation of Article 10 of the European Convention on Human Rights in Magyar Jeti Zrt v. Hungary. The case concerns the imposition of objective liability for posting a hyperlink leading to defamatory content, with the Court ultimately deciding that using hyperlinks does not simply equate to acts of dissemination. Instead, it requires a case-by-case assessment on the basis of five flexible criteria, resulting in a highly relevant and well-rounded judgment. Continue reading

Basra v. Belgium: a structural problem struck from the list

By Marjan Claes (NANSEN), Charlotte Coenen (NANSEN), Ellen Desmet (UGent), Sylvie Saroléa (UCL)

On 13 September 2018, the European Court of Human Rights struck the application of Basra v. Belgium out of its list. Mr. Basra argued not having benefited from an effective remedy in the sense of article 13 ECHR, with respect to his arguable claim of being subjected to treatment prohibited by Article 3 ECHR in case of return to Pakistan.

After efforts to reach a friendly settlement had failed, the Belgian Government made a unilateral declaration in order to solve the issue, and invited the Court to struck the case from the list. The Court took up this invitation on the basis of Article 37 (1) (c) ECHR, which allows the Court to strike out an application where, for any reason established by the Court, it is no longer justified to continue its examination.

During this procedure, a third party intervention was submitted to the Court by NANSEN – the Belgian Refugee Council, EDEM (Equipe droits européens et migrations) from the UCLouvain, the Equality Law Clinic of the Université libre de Bruxelles and the Human Rights Centre of Ghent University. Continue reading