Strasbourg Observers

View posts from: Exhaustion of domestic remedies

  • Ufuk Yeşil

Çamurşen v. Türkiye: Unresolved Issues in Yalçınkaya on Internet Traffic Data Retention Deferred

January 10, 2025

by Ufuk Yeşil The European Court of Human Rights (hereinafter ‘the Court’) declared the case of Çamurşen v. Türkiye inadmissible on the grounds of non-exhaustion of domestic remedies. In this case, the applicant alleged a violation of the right to respect for private life, arguing that internet traffic data had been retained beyond the prescribed […]

  • Timothy Roes

Missaoui and Akhandaf v Belgium: Cold Shower for Belgian Applications

December 03, 2024

by Timothy Roes It was supposed to be a welcome clarification on religious neutrality in public spaces. Instead, the application by two Muslim women banned from wearing full body swimwear in a public swimming pool was declared inadmissible, calling into question longstanding wisdom and causing considerable uncertainty. Departing from well-established case law on Article 35 […]

  • Anaïs Brucher

Domestic enforcement of the right to housing of applicants for international protection: a (small) victory in Camara v. Belgium

September 01, 2023

By Anaïs Brucher Camara v. Belgium is the first of what could be a long series of cases on the enforcement of the right to housing and material assistance of applicants for international protection in Belgium. On 18 July 2023, the European Court of Human Rights (ECtHR) ruled on the case of Mr Camara, who […]

  • Guest Blogger

Another turn of the screw – further restrictions for Hungarian applications to the ECtHR

September 24, 2019

This blogpost was written by Andras Kadar, attorney at law, Co-chair of the Hungarian Helsinki Committee Two recent posts on this blog (one on the Mendrei case and one on the Szalontay decision) by Dániel A Karsai have described how the European Court of Human Rights (Court) – largely disregarding the Hungarian legal-political context and […]

  • Guest Blogger

Extremist view on subsidiarity and on exhaustion of domestic remedies? Criticism of the decision Szalontay v. Hungary

May 22, 2019

By Dr. Dániel A. Karsai, attorney at law, Dániel Karsai Law Firm The Commissioner of Human Rights of the Council of Europe recently issued a report following her visit to Hungary where she made the following rather astonishing statement: “Human rights violations in Hungary have a negative effect on the whole protection system and the […]

  • Guest Blogger

Role of the constitutional courts in the system of the effective domestic remedies – a new approach on the horizon? Criticism of the Mendrei v. Hungary decision

October 15, 2018

By Dr. Dániel A. Karsai, attorney at law, Dániel Karsai Law Firm The European Court of Human Rights (hereinafter: the Court) recently adopted the Mendrei v. Hungary (no. 54927/15) decision on 5 July 2018. In this very important decision, the Court changes fundamentally, and in my opinion negatively, its understandings of the role of the […]