19 November 2024
The Visible and The Invisible of Justice in Strasbourg
Former ECtHR Vice-President Prof. Dr. Angelika Nußberger and current ECtHR Judge Dr. Kateřina Šimáčková discuss judges’ responsibility to provide relief to applicants. Focal points are recent procedural reforms affecting access to justice, the extensive yet often overlooked judicial work that does not result in published decisions, the persistent challenge of achieving gender balance on the bench, and their own personal legacies. Continue reading >>
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04 November 2024
Two Courts, Two Visions
The diverging standards of protection concerning the right to a fair trial, as interpreted by the CJEU and the ECtHR, remain a critical obstacle to the EU’s renewed attempt at accession to the ECHR. In this field, the two Courts seem to be drifting further apart rather than converging, leading to unresolved conflicts between the standard of fundamental rights protection and mutual trust obligations in the EU. Except in the unlikely event of a course-correction by the CJEU, this means that we are no closer to accession today than we were ten years ago, when the now-infamous Opinion 2/13 was handed down. Continue reading >>
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03 November 2024
Of Artificial Intelligence and Fundamental Rights Charters
The Council of Europe has adopted the Framework Convention on Artificial Intelligence – the first of its kind. Notably, the Framework Convention includes provisions specifically tailored to enable the EU’s participation. At the same time, the EU has developed its own framework around AI. I argue that the EU should adopt the Framework Convention, making an essential first step toward integrating the protection of fundamental rights of the EU Charter. Ultimately, this should create a common constitutional language and bridge the EU and the Council of Europe to strengthen fundamental rights in Europe. Continue reading >>
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30 October 2024
The Political Question Doctrine Under Close Control
The political question doctrine is a controversial admissibility requirement that intersects the rule of law and separation of powers. Based on recent ECtHR and ECJ judgments, this blog post highlights the need to evaluate the doctrine within a broader framework of legal accountability. Continue reading >>
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29 August 2024
Prove Your Integrity or Resign
In May 2024, in the case of Bala, the ECtHR issued another decision concerning the vetting of the judiciary in Albania. This time, the Court decided that the state’s ban on a judicial advisor, who resigned instead of undergoing the integrity vetting process, from entering high public offices for fifteen years does not violate the ECHR. While the ECHR does not explicitly articulate the right to free choice of occupation or the right to equal access to public offices, this article demonstrates that even under these two rights, the limitation in question is likely proportionate. However, legislators would be wise to consider less intrusive options as well. Continue reading >>
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25 July 2024
Restitution for Pushback Victims
Despite the trauma caused by the brutality of pushbacks, victims often attempt to return to the expelling state’s territory, driven by desperation and the search for a better life. In doing so, they risk repeated violations of their rights. This vicious circle has to be broken. As reparation for the violation of their rights, restitution allowing for their return to the territory of the state responsible for the violation should be granted. This victim-centered approach allows their primary goal of re-entry into the state territory to be achieved through legal means. Continue reading >>
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25 July 2024
Freedom to Discuss Religion Between Facts and Opinions
In a recent televised discussion in Turkey, two Youtube-influencers have discussed Sharia law and Muhammad’s marriage with Aisha. This has caused strong reactions on social media. Moreover, after a public statement of the Justice Minister, a criminal investigation has been initiated. I argue that such statements should enjoy the full protection of freedom of expression. However, I criticise the distinction between “statements of fact and value judgements” as introduced by the ECtHR in case E.S. v Austria. Continue reading >>
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01 July 2024
Ukraine, the Netherlands and 26 Third States Without Russia Before the ECtHR
The hearing in the case of Ukraine, the Netherlands v Russia lasted four hours and twenty-five minutes. more than double than an “ordinary” Grand Chamber hearing. These four hours and twenty-five minutes are an important milestone in what is undoubtedly one of the most important set of cases in the history of European Convention on Human Rights. They cover more than ten years of Russian activities in Eastern Ukraine, including the open war of aggression since February 2022. The number of third parties involved in the proceedings likewise renders the case extraordinary. Continue reading >>
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19 June 2024
Up to Four Times
The Council of Europe’s requirements for transparency in the process of selecting a national judge for the European Court of Human Rights (ECtHR) should be strengthened. This is the lesson to be learned from the saga of the selection of a Polish judge, lasting now for more than three years. Poland, which has been going through a crisis of the rule of law in recent years, and the ongoing process of its restoration, may serve as an important example. Continue reading >>
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24 May 2024
After Switzerland Comes Austria
The KlimaSeniorinnen judgment of the European Court of Human Rights (ECtHR) has been the subject of intense debate for several weeks. One focus was on the question of standing, i.e., who can bring a lawsuit connected to climate change and human rights before the ECtHR. However, less attention has been paid to the question of the impact of the judgment on currently pending climate change cases before the ECtHR. This blog post sheds light on “climate change case number four”, a case against Austria primarily challenging the shortcomings of the Austrian Climate Protection Act.
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