Monday 21 October 2024
New Issue European Human Rights Law Review
Saturday 19 October 2024
New Thematic Factsheet on Misuse of Power by States
'The human rights protection system established by the European Convention on Human Rights safeguards the rights and freedoms of individuals against the actions of states. Article 18 of the Convention plays a central role in preventing the misuse of power by states, ensuring that restrictions on rights and freedoms are applied only for purposes authorised by the Convention itself. Although Article 18 has no independent existence and can only be applied in conjunction with another Article of the Convention or its Protocols, the European Court of Human Rights has used Article 18 as a tool for interpretation of the restriction clauses contained in other provisions of the Convention or its Protocols. Article 18 is rarely invoked, and whilst violations under this provision are rare (to date, only 27 cases out of more than 26,000 in which the Court has found a violation of the Convention), the Court exercises increased diligence in examining allegations of improper motives.
In cases where violations of Article 18 are established, the execution process can be particularly complex. This is confirmed by the fact that the Committee of Ministers has only initiated infringement proceedings under Article 46 § 4 of the Convention twice2 in its history, and both instances concerned judgments with violations of Article 18. In accordance with the Committee of Ministers’ usual practice, supported by the Court’s reasoning in its two Article 46 § 4 judgments, the principle of restitutio in integrum requires in such cases that all the negative consequences of the abusive criminal/disciplinary proceedings be erased for the applicant. Other required measures focus on the need to prevent a repetition of the abuse of power, either for the applicant or for others. Where the violation reveals a misuse of the criminal justice system, reforms to reinforce the independence of the judiciary and to shield the judiciary as well as the prosecuting authorities from political influence, in particular from the executive, are necessary.
Even though the majority of Article 18 cases transferred from the Court remain pending full execution before the Committee of Ministers, respondent states have demonstrated their ability to put in place important individual and general measures even in very complex situations. The present factsheet provides examples of measures reported by states in the context of the execution of the European Court's judgments concerning Article 18, where the Committee of Ministers has either considered the measures taken to be sufficient and therefore closed the supervision of the cases or noted positive developments, highlighting the progress made by states in addressing these concerns.'
Friday 18 October 2024
New ECHR Readings
Monday 14 October 2024
Call for Papers for 15th Anniversary Strasbourg Observers
Friday 11 October 2024
Hybrid Event on the ECHR and Sports
Thursday 10 October 2024
Report on Non-Implementation of European Court Judgments
Thursday 3 October 2024
New Judge in Respect of Poland Elected
Tuesday 1 October 2024
New Elections in the Court
Monday 30 September 2024
New Thematic Factsheet on Rights of Persons With Disabilities
The Council of Europe's Department for the Execution of Judgments of the European Court of Human Rights has just issued a new thematic factsheet on how judgments of the Court have helped to protect and advance the rights of persons with disabilities in many countries.
Here is a brief description:
'The Council of Europe promotes, protects and monitors the implementation of human rights for all, including persons with disabilities. Persons with disabilities are entitled to have access to and enjoy, on an equal basis with others, the full range of human rights protected by the European Convention on Human Rights, the European Social Charter, the United Nations Convention on the Rights of Persons with Disabilities and other international treaties.
The European Court of Human Rights has enshrined the rights of persons with disabilities in its case-law through a dynamic and evolutive interpretation of the European Convention in the light of the provisions of the United Nations Convention on the Rights of Persons with Disabilities and its fundamental principles of independence, freedom of choice, full and effective participation and inclusion in society, equality of opportunity and human dignity of persons with disabilities.
The European Convention on Human Rights in its interpretation by the Court and other Council of Europe texts, such as the European Social Charter, as well as the standards of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), and the recommendations of the Committee of Ministers, play an important role in encouraging and supporting member states to implement the necessary measures and changes to protect the rights of persons with disabilities.
The present factsheet provides examples of measures reported by states in the context of the execution of the European Court’s judgments concerning rights of persons with disabilities.'
Thursday 26 September 2024
Special Issue on the Links Between Admissibility and Remedies at the ECtHR
Tuesday 24 September 2024
Council of Europe History Book
Monday 9 September 2024
New Session of the MOOC on ECHR Now Live
Sunday 8 September 2024
Registration for the Helga Pedersen Moot Court Competition Open
The registrations for the 13th edition of the Helga Pedersen Moot Court Competition are now open!
The Helga Pedersen Moot Court Competition is a Europe-wide moot court competition dedicated to the European Convention on Human Rights. It was founded in 2012 by the European Law Students' Association (ELSA) and the Council of Europe. The Competition was named after the first female judge at the European Court of Human Rights, Helga Pedersen.
The Competition simulates the proceedings before the European Court of Human Rights based on a fictional case. This year's case deals, inter alia, with an alleged violation of the right to private life and the right to property. The Competition gives students a unique opportunity to gain practical experience comparable to real pleading in front of the European Court of Human Rights, and to network with other participants and human rights law experts from all over Europe.
The registration of teams for the 13th edition of the Competition is now open until the 20th of October 2024 23:59 CET. The Competition consists of three phases: the written round, the regional oral rounds and the final oral round. Each team needs to submit two written memorials in January 2025: one on behalf of the applicant, and one on behalf of the respondent state. In February 2025, each team participates in one of the three regional oral rounds, organized in three different cities (Prague, Porto and Vilnius). The best 18 teams from the regional rounds compete in the final oral round, taking place between 19-23 May 2025 in the Palace of Europe and at the European Court of Human Rights in Strasbourg. In addition to the experience that students gain from the Competition, each team member of the winning team will be rewarded with a traineeship at the Court.
More information about the case and the rules of the Competition can be found here.
Good luck to all those participating in this year’s Competition!