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25 November 2022

Migrant Workers and the 2022 FIFA World Cup in Qatar

When we are enjoying the beautiful game these days, we should not forget that hundreds or even thousands of migrant workers, mostly from Bangladesh, India, Nepal, Pakistan, Philippines and Sri Lanka have allegedly lost their lives in Qatar when working on stadium and other infrastructure constructions in view of the 2022 FIFA World Cup. FIFA as the overarching, but private international football governing body in charge of the organization of the World Cup is not, as such, liable under the ECHR neither. It has, however, its headquarters in Switzerland. Is this enough to hold Switzerland, a party to the ECHR, liable for human rights violations in Strasbourg? Continue reading >>
14 March 2022

Statement by Retired Judges of the Constitutional Tribunal on the the Constitutional Tribunal Judgment in case K 7/21

Retired judges of the Constitutional Tribunal state that the judgment in question is another scandalous example of jurisprudence violating the Constitution. Challenging Article 6 of the ECHR for the second time in a short period of time (previously in the judgment of 24.11.2021, K 6/21) is a drastic jurisprudential excess. Continue reading >>
09 May 2021

What Should and What Will Happen After Xero Flor

On 7 May 2021, the European Court of Human Rights issued a judgment in a case concerning irregularities in the personal composition of the Polish Constitutional Tribunal. The ECtHR found a violation of “the right to a tribunal established by law” due to fact that the decision on the discontinuation of the proceedings concerning a constitutional complaint filed by a Polish company was issued by the Constitutional Tribunal with the participation of a person who was unlawfully elected to the position of judge. The said judgment is the first ruling of an international body finding that the irregularities in the functioning of the Polish Constitutional Tribunal violate international law. Continue reading >>
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