09 January 2020
The Turkish Judiciary’s Violations of Human Rights Guarantees
On 3 December 2019, the European Court of Human Rights (ECtHR) ruled in the case of Parmak & Bakir v Turkey that the Turkish judiciary’s interpretation of the offence of membership of an armed terrorist organization violated Article 7 of the European Convention on Human Rights, being the absolute right to no punishment without law. Although the case deals with incidents from 2002, it shows how Turkey’s post-coup terrorism trials violate Turkey’s obligations under the ECHR. Continue reading >>
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17 December 2019
Shying Away from Strasbourg
Last week, the Italian Constitutional Court published its reasoning on a judgment regarding the so-called ergastolo ostativo (life sentence without parole). The challenged provision excludes persons convicted of serious crimes – primarily mafia-type – from a series of benefits (for example, permits and conditional release) in the event that they do not want to collaborate with the authorities. Italy’s Constitutional Court now held that this provision is not in line with the constitution but missed a chance to give full effect to the case law of the European Court of Human Rights. Continue reading >>
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06 July 2019
The European Court of Human Rights and FIFA: Current Issues and Potential Challenges
The aim of this post is to address the relevance of the European Court of Human Rights and the European Convention on Human Rights for FIFA. Continue reading >>
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19 February 2019
The ECtHR as a drowning ‘Island of Hope’?’ Its impending reversal of the interpretation of collective expulsion is a warning signal
The outcome of the case ND and NT v. Spain currently pending before the Grand Chamber may determine the future course of the Court in other migration policy cases. It will show whether the ECtHR still deserves its title as an ‘island of hope in stormy times’ or whether this island is drowning under the pressure of some of its Member States. Continue reading >>22 June 2016
The Hungarian Constitutional Court’s case with the ECHR: an ambivalent relationship
Hungary was the first country in the post-Soviet bloc that joined the Council of Europe and ratified the European Convention on Human Rights and this remains a matter of national pride. While the Convention is perceived as a yardstick in human rights protection that may not be circumvented, still lively debate surrounds the authority of the case-law of European Court of Human Rights. The recent constitutional reform has left the status of the Convention largely untouched. The Convention still enjoys a supra-legislative rank: it is subordinated to the Fundamental Law but is superior to all other pieces of legislation. Continue reading >>
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