Impacts of COVID-19 – The Global Access to Justice Survey

In addition to initiating a humanitarian crisis, the coronavirus outbreak is triggering multiple impacts (social, political, economic, environmental etc.) on the global stage, whose consequences – both negative and positive – were not only unforeseen, but remain unpredictable. We can be sure, however, that they will inevitably touch, one way or another, our justice and legal aid systems.

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Time for Strasbourg to Open its Doors to Turkey’s Purged Public Servants

A report by the Turkey Human Rights Litigation Support Project (TLSP) provides fresh evidence that the Commission formed in 2017 to examine the mass dismissals of public servants and liquidation of media outlets and other organisations functions arbitrarily and without transparency. Together with concerns about judicial review by administrative courts and the Constitutional Court, the report casts serious doubt on whether victims of abuses committed under emergency laws have access to an effective domestic remedy – a finding with implications for the European Court of Human Rights (ECtHR) as it considers the long queue of Turkish applications before it.

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Pseudo-Legal Justice

On the morning of his thirtieth birthday, Josef K., a member of the Council of the Anti-corruption Agency of Montenegro, was dismissed of his duties, by the very same body that appointed him: the Parliament of Montenegro. This could be the first sentence of a novel written by Franz Kafka if he was with us today. While Kafka’s Josef K. was arrested and left to roam free through a court building to find a courtroom in which his destiny would be determined, Josef K. in this story is in a similarly peculiar situation: He does not know which court in Montenegro he should appeal to and present his grievances. This Kafkaesque reality is the result of a questionable interpretation of the law by Montenegro’s Supreme Court – just another piece in the demise of the country’s rule of law.

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Producing Legal History

Iustitia dilata est iustitia negata is a famous legal maxim meaning that “justice delayed is justice denied”. It goes without saying that it represents a universal truth. This truth is particularly relevant to the European Court of Human Rights which – on average – takes several years to deliver a judgment.

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