Crypto-assets as a blind spot in sanctions against Russia?
On 24 February 2022, Russia illegally invaded the territory of Ukraine. The international community was quick to condemn this military aggression and to issue sanctions. Missing in today's sanctions strategy, however, is the inclusion of crypto-assets. This is worrying, as it is highly likely that crypto-assets are used to fund the Russian war machine without anyone really seeing it.
Continue reading >>
The Duty to Exhaust Remedies with Systemic Deficiencies
On 3 February 2022, the European Court of Human Rights issued its judgment in Advance Pharma v Poland and addressed the question of whether an applicant is required to exhaust domestic remedies that suffer from systemic deficiencies for the first time. While the Court does not yet give a clear answer to this particularly sensitive issue, this case is another reminder of just how difficult it is for the Convention system to engage with countries that structurally impair their judicial system.
Continue reading >>
Too little, too late
A few weeks after the ECtHR first stepped into the ring for the fight against rule of law backsliding in Poland via its Xero Flor judgment, it has now dealt a new blow to the Polish judicial reforms. In its Broda and Bojara ruling, the issue at hand was not the composition of the Constitutional Court, but the termination of judges’ mandates as court (vice) president. In its judgment, the Court showed once more its commitment to the safeguarding of domestic judges and the procedural protection they should enjoy. Yet, one can wonder whether the judgment will really have an impact and if it is not too little too late.
Continue reading >>