06 August 2025
Rodina And Borisova V. Latvia And The Principle Of Self-Defending Democracy
The ECtHR, in its recent judgment on 10 July 2025 in the case of Rodina and Borisova v. Latvia, examined the applicants’ complaints regarding the refusals of domestic authorities to authorize the assemblies they wished to hold on 9 May and 23 September 2014. The ECtHR analyzed the freedom of peaceful assembly within the context of the principle of self-defending democracy. It reaffirmed that no one should be permitted to invoke the provisions of the ECHR to weaken or destroy the ideals and values of a democratic society. Continue reading >>
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13 July 2025
Assets Without Alibi
Păcurar is yet another version of the familiar cat-and-mouse game between anticorruption agencies and corrupt public officials: some public officials quietly amass real estate, luxury cars, financial investments, or cash, and – once confronted by anticorruption agencies to explain the difference from their declared legal income – rely on whimsical excuses. On 24 June 2025, the ECtHR held that wealth may be taken away if public officials cannot explain that very difference. This ruling completes the ECtHR’s endorsement of civil law instruments in the fight against corruption by fully disconnecting confiscation from any link to a crime. Continue reading >>
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12 July 2025
Beyond the Fog of War
Superlatives are often overused - but in the case of the Grand Chamber judgment in Ukraine, The Netherlands v Russia, delivered on 9 July 2025, they are not only justified but arguably inadequate. This case stands out as one of the most consequential and complex in the history of the European Court of Human Rights. It addresses systemic human rights violations committed in the context of an ongoing international armed conflict and during a prolonged period of occupation. Continue reading >>
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11 July 2025
The Finish Line of Caster Semenya’s Judicial Marathon
Caster Semenya was wronged, and Switzerland – due to the inaction of the Swiss Federal Supreme Court (SFSC) – was held responsible by the Grand Chamber (GC) of the ECtHR. This conclusion to a long judicial marathon is an important vindication for an athlete who saw her career destroyed by a process that violated her right to a fair hearing. The case will be remembered as a significant landmark that will affect the field of transnational sports law and governance for years to come. Continue reading >>
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02 July 2025
Externalising Migration Control
On 20th of May 2025, the European Court of Human Rights declared the case of S.S. and others v Italy inadmissible under Art.1 of the European Convention on Human Rights. The decision marks a missed opportunity. Instead of addressing the question of functional jurisdiction in the context of externalised migration control, the Court found that Italy does not enjoy extraterritorial jurisdiction over a group of irregular migrants whose ship was wrecked on the high seas near the Libyan coast. The ruling is another illustration of how externalised border control and “pull-back” policies are becoming normalised in Europe. Continue reading >>
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17 June 2025
A Door Opened, But Not Fully
On 12 June 2025, the European Court of Human Rights issued a judgment in T.H. v. the Czech Republic – the first case brought by a non-binary person. The Court found a violation of Article 8 of the Convention for requiring sterilisation as a precondition for legal gender recognition. Yet, the misgendering of the applicant, the Court’s silence on Articles 3 and 14, and the absence of compensation all temper the applicant’s win. Continue reading >>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 >>
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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 >>
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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 >>
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30 May 2025