Strasbourg Observers

View posts from: Cases

  • Guest Blogger

Bulk retention of private-sector subscriber data for governmental purposes does not violate the Convention: Breyer v. Germany

March 05, 2020

Judith Vermeulen is a doctoral researcher and a member of the Law & Technology research group, the Human Rights Centre and PIXLES at Ghent University. On January 30, 2020, in the case of Breyer v. Germany, the European Court of Human Rights ruled by six votes to one that the – legally required – indiscriminate […]

  • Guest Blogger

Who can represent a child (with disabilities) before the ECtHR? Locus Standi requirements and the issue of curator ad litem in L.R. v. North Macedonia

February 27, 2020

Dr. Gamze Erdem Türkelli is a Post-Doctoral Fellow Fundamental Research of Research Foundation (FWO) Flanders (File Number 12Q1719N) at the Law and Development Research Group, University of Antwerp Faculty of Law. The NGO Helsinki Committee for Human Rights in Skopje (HCHR) brought a case before the ECtHR on behalf of L.R., an eight-year-old child with […]

  • Guest Blogger

Push backs of “badly behaving” migrants at Spanish border are not collective expulsions (but might still be illegal refoulements)

February 25, 2020

By Ruben Wissing (Ghent University) On 13 February, the Grand Chamber rendered a long awaited judgment, meandering over more than one hundred pages, in the N.D. and N.T case on the push-back practices against migrants at the Moroccan-Spanish border fence surrounding the city of Melilla – the so-called devoluciones en caliente or ‘hot returns’ by […]

  • Guest Blogger

Tell me more, tell me more: the obligation for national courts to reason their refusals to refer to the CJEU in Sanofi Pasteur.

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 […]

  • Guest Blogger

The New Trial: Kafkaesque Punishment for Cooperation with the ECtHR

January 31, 2020

By Prof Kanstantsin Dzehtsiarou (University of Liverpool), Editor-in-Chief of the European Convention on Human Rights Law Review It has been discussed on various levels that weak enforcement of the ECtHR judgments is a major drawback of the whole system. The lack of political will of the governments of the Contracting Parties to the Convention to […]

  • Guest Blogger

Dutch Supreme Court confirms: Articles 2 and 8 ECHR require a reduction of greenhouse gas emissions of 25% by 2020

January 23, 2020

By Dr. Ingrid Leijten, Assistant Professor at the Department of Constitutional and Administrative Law at Leiden University On December 20th of last year, the Dutch Supreme Court ruled in the case of Urgenda v. de Staat der Nederlanden, confirming the finding of the Court of Appeal that the State violates articles 2 and 8 ECHR […]

  • Guest Blogger

Abdyusheva and Others v. Russia: a Sadly Missed Opportunity

January 08, 2020

By Valérie Junod and Olivier Simon On November 26. 2019, the ECtHR issued a 6 to 1 judgment finding that Russia had not breached the right of the complainants when it denied them access to methadone and buprenorphine (these two medicines are hereafter abbreviated to M/B) for treating their duly diagnosed opioid dependence syndrome (ODS). […]

  • Guest Blogger

The Grand Chamber Judgment in Ilias and Ahmed v Hungary: Immigration Detention and how the Ground beneath our Feet Continues to Erode

December 23, 2019

By Dr. Vladislava Stoyanova (Associate Professor, Faculty of Law, Lund University) The ECtHR has been for a long time criticized for its approach to immigration detention that diverts from the generally applicable principles to deprivation of liberty in other contexts. As Cathryn Costello has observed in her article Immigration Detention: The Ground beneath our Feet, […]

  • Guest Blogger

Journalist and editor’s conviction for incitement to religious hatred violated Article 10

December 19, 2019

By Ronan Ó Fathaigh and Dirk Voorhoof In Tagiyev and Huseynov v. Azerbaijan, the European Court of Human Rights unanimously held that the conviction and imprisonment of Azerbaijani journalist Rafig Nazir oglu Tagiye, and editor Samir Sadagat oglu Huseynov, for incitement to religious hatred, violated their right to freedom of expression under Article 10 ECHR. […]

  • Guest Blogger

Spain: Does the Supreme Court judgment against Catalan leaders comply with human rights law?

December 16, 2019

By Massimo Frigo (Senior Legal Adviser of the International Commission of Jurists) On 14 October, the Supreme Court (Tribunal Supremo) of Spain convicted 12 people in connection with their part in the organisation on 1 October 2017 of a referendum on Catalonian independence, that was conducted despite having been declared illegal by the Constitutional Court. […]

  • Guest Blogger

Osman Kavala v. Turkey: unravelling the Matryoshka dolls

December 12, 2019

By Emre Turkut (PhD Researcher at Ghent University and DAAD Visiting Fellow at the Hertie School in Berlin) On 10 December 2019, the European Court of Human Rights (ECtHR or Court) delivered its much-awaited decision in the case of Osman Kavala v. Turkey, an application lodged by a human rights defender and philanthropist to challenge […]

  • Guest Blogger

Gender-based violence triggers differential treatment in housing benefit case

December 02, 2019

By Katarina Frostell, Project Manager and PhD Candidate, Institute for Human Rights, Åbo Akademi University, Finland On 24 October 2019, the European Court of Human Rights delivered its judgment in J.D. and A. v. the United Kingdom, in the so-called bedroom tax case. In its judgment, the Court applied a discrimination analysis on the reduction […]

  • Guest Blogger

Denying journalist access to asylum-seeker ‘reception centre’ in Hungary violated Article 10 ECHR

November 04, 2019

By Dirk Voorhoof and Ronan Ó Fathaigh In Szurovecz v. Hungary, the European Court of Human Rights has held that a refusal to grant a journalist access to an asylum-seeker ‘reception centre’ in Hungary violated his right to freedom of expression under Article 10 ECHR. The ECtHR emphasised that newsgathering, including ‘first-hand’ observation by a […]

  • Guest Blogger

Ilașcu: from contested precedent to well-established case-law

October 31, 2019

By Linda Hamid, Research Fellow at the Leuven Centre for Global Governance Studies – Institute for International Law, KU Leuven On 15 October 2019, the European Court of Human Rights delivered a judgment in the case of Grama and Dîrul v. The Republic of Moldova and Russia, whereby it found a violation of Art. 1, […]

  • Laurens Lavrysen

Strand Lobben and Others v. Norway: from Age of Subsidiarity to Age of Redundancy?

October 23, 2019

In the recent judgment of Strand Lobben and Others v. Norway, the Grand Chamber found a violation of Article 8 ECHR (the right to respect for family life) on account of shortcomings in the decision-making process leading to the adoption of a boy who had been placed in foster care. The Grand Chamber in particular […]

  • Guest Blogger

A new chapter on the deportation of ill persons and Article 3 ECHR: the European Court of Human Rights judgment in Savran v. Denmark

October 17, 2019

By Dr. Mark Klaassen, Institute of Immigration Law, Leiden University On 1 October 2019, in the Savran judgment the European Court of Human Rights (hereinafter: ‘the Court’) has applied the Paposhvili-test in cases involving the expulsion of migrants who fear to be the victim of a violation of Article 3 ECHR because a medical treatment […]

  • Guest Blogger

ECtHR engages in dangerous “triple pirouette” to find criminal prosecution for media coverage of PKK statements did not violate Article 10

October 14, 2019

By Ronan Ó Fathaigh and Dirk Voorhoof The European Court’s Second Section recently found that criminal proceedings against the owner and the editor of a newspaper for having published statements by the leader of a terrorist organisation were justified and did not violate the right to freedom of expression. The Court in Gürbüz and Bayar […]

  • Guest Blogger

Child protection and child-centrism – the Grand Chamber case of Strand Lobben and others v. Norway 2019

October 10, 2019

By Prof. Marit Skivenes, Centre for Research on Discretion and Paternalism (University of Bergen) The backdrop for the Grand Chamber case, is the dissenting Chamber judgment of 2017 – Strand Lobben vs. Norway  – about a boy that had been adopted from foster care. Here, the Chamber concluded it had not been a violation of […]

  • Guest Blogger

The importance of time in child protection decisions; a commentary on Haddad v Spain

September 12, 2019

By Simona Florescu PhD fellow, Leiden Law School, the Child Law Department On 18 June 2019 the European Court of Human Rights found a violation of Article 8 of the Convention in the case of Haddad v Spain. The main reason was that the Spanish authorities did not discharge of their positive obligations to facilitate […]

  • 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 […]

1 5 6 7 8 9 26