Strasbourg Observers

View posts from: procedural review

  • 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 […]

  • Harriet Ní Chinnéide

The Expulsion of Migrants: The Court Rules in Four Cases against Denmark this September

October 20, 2023

by Harriet Ní Chinnéide This September, the European Court of Human Rights (ECtHR, the Court) delivered four rulings in cases involving the expulsion of settled migrants from Denmark. In two of them, the Court found in favour of the State and in the other two, it found a violation of Article 8 (right to respect […]

  • 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 […]

  • Harriet Ní Chinnéide

Otite v the United Kingdom: What about the incentivising function of process-based review?

January 27, 2023

by Harriet Ní Chinnéide Otite v the United Kingdom revolves around the expulsion of a settled migrant from the United Kingdom following his conviction for two counts of conspiracy to make or supply articles for use in fraud. In its ruling, the European Court of Human Rights (ECtHR) found that the balancing exercise carried out […]

  • Harriet Ní Chinnéide

Avci v Denmark: The Expulsion of Settled Migrants and the Pitfalls of Process-based Review in Strasbourg

February 04, 2022

Avci v Denmark concerns an expulsion order and a permanent re-entry ban issued by the Danish High Court against Mr Avci, a settled migrant born and raised in Denmark. This judgment provides a clear illustration of the burgeoning trend towards process-based, procedural review by the European Court of Human Rights (hereinafter ‘the Court’) –  a […]