06 June 2025
A New Look at Confiscating Russian Assets
In the near future, the European Court of Human Rights (ECtHR) may issue its first compensation awards against Russia for its conduct in the war in Ukraine. When that happens, the question of how to enforce such awards will become paramount. Given Russia’s lack of cooperation, claimants may seek to enforce compensation awards in third states holding Russian assets, a promising yet untested avenue. Drawing from a recent report by Open Society Justice Initiative (OSJI), this post explores some of the legal hurdles this avenue entails as well as some of its broader implications. We believe that this approach could be a limited but significant instrument to redress harm for victims of human rights abuse committed in the war. Continue reading >>
0 
05 June 2025
Behind Bars, Beyond Rights
The European Court of Human Rights has quietly endorsed a troubling new practice: denying prisoners access to information based solely on format, not content. In Tergek v. Türkiye, the Court upheld a ban on photocopies and printouts, deferring to vague security concerns. Read alongside Yasak, the judgment signals a broader shift away from rigorous rights protection toward deference to state narratives. If this trend continues, the Convention's core promise — to make rights practical and effective — stands on increasingly shaky ground. Continue reading >>
0
02 June 2025
What Are Human Rights For?
The Danish-Italian public letter to the European Court of Human Rights from 22 May 2025 must be understood in the context of two decades of “crises” in the European human rights regime. None of it is new or unprecedented. What makes it truly troubling, however, is the changed geopolitical context and the focus on migrants and asylum seekers as the most vulnerable. Continue reading >>
0
30 May 2025
Challenging Strasbourg
Since 22 May 2025, a disquieting letter has been circulating: nine leading EU politicians are calling for “a new and open-minded conversation about the interpretation of the European Convention on Human Rights,” with particular reference to migration. The signatories seek to explore whether “the Court, in some cases, has extended the scope of the Convention on Human Rights too far compared with the original intentions behind the Convention, thus shifting the balance between the interests that should be protected.” The letter raises not only political and ethical questions but also significant legal concerns. Continue reading >>25 March 2025
Manufacturing Integration
Advocate General Tamara Ćapeta recently concluded that Denmark’s so-called Ghetto Law constitutes direct discrimination based on ethnic origin and hence a violation of the Race Equality Directive. This blog highlights the harmful role of the integration narrative underlying the law and other coercive measures addressed towards “non-Western” Danes and non-Danes and the broader implications of the present case for challenging stereotypes embedded in integration policies and practices. Continue reading >>
0
03 March 2025
From the EU-Belarus Border to Strasbourg
On 12 February 2025 the ECtHR considered for the first time the interpretation of the Convention in the context of so-called ‘migrant instrumentalisation’ or ‘hybrid attacks’, allegedly orchestrated by the Belarusian regime after the EU imposed sanctions on Minsk. This contribution critically reviews the key arguments of the respondent governments with respect to the interpretation of Art. 3 ECHR and Art. 4 Prot. 4 ECHR and considers the relationship between the two in the particular context. Continue reading >>
0
20 December 2024
One Year After Wałęsa v. Poland
Despite some progress, the Polish government faces immense political and structural hurdles in implementing ECtHR judgments concenring the rule of law. Because November 2025 marks one year since the ECtHR issued the pilot judgment in Wałęsa v. Poland, it is a good moment to reflect on the progress made by the current authorities in implementing ECtHR judgments. This post delves into the steps taken, the obstacles ahead, and the question of whether a coherent plan exists to navigate this legal and constitutional crisis. Continue reading >>
0
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 >>
0
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 >>
0
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 >>
0