Call for Papers for 15th Anniversary Strasbourg Observers

On 8-9 May 2025, the Strasbourg Observers Blog will be celebrating its 15th anniversary with a symposium in Ghent, Belgium. For this special occasion, researchers are invited to submit a contribution and reflect on important developments at the Court and/or in the scholarship in the past 15 years. A Call for Papers for the symposium has just been launched. This is the description of the call:

'We welcome abstracts (and panels proposals) that analyse and reflect on important developments in the ECtHR case law and/or scholarship over these past 15 years. When we take a few steps back, and look at this decade-and-a-half, what patterns do we see, and what novelties? What are promising developments, and what are rather discouraging?

We are particularly interested in abstracts that focus on the Court’s ways of reasoning across various thematic areas as well as in abstracts that take a step outside of the Court’s case law and delve into questions about how it operates as an institution. We also welcome abstracts discussing novel approaches and methods (both quantitative and qualitative) in ECtHR scholarship. 

We do not encourage abstracts that merely describe the evolution of a particular line of case law.

Please send your abstract of around 300 words to strasbourgobservers@gmail.com by December 2, 2024 and include your name, affiliation and a short bio. If you wish to submit a collection of abstracts as a complete panel proposal, please indicate the panel convenor and panel title on top of the information requested for individual abstract submission.  

We aim to send out the results of the selection process before the end of the year. Paper presenters will be requested to send in a position paper of 1,500 to 2,500 words by the 1st of May 2025. Selected position papers will be published as a collection on the Strasbourg Observers blog in the weeks following the Anniversary Symposium.'

Hybrid Event on the ECHR and Sports

On Tuesday 29 October at 12:15 ET, the Human Rights Program at Harvard Law School is organizing an event entitled 'The Rights of Athletes and Players: The Role of the European Court of Human Rights in Adjudicating Global Sports Disputes'. During the event Daniel Rietiker (senior lawyer at the European Court of Human Rights) will explore the rights of athletes in global sports disputes and the role of the Court. The event will be hybrid (in person and online participation via Zoom).

This is the description of the event:

'Top-level athletes and players undoubtedly enjoy privileges and a high social recognition, but it is less known that their special status imposes on them also far-reaching additional duties and restrictions. For example, the Olympic Charter limits political and other speech to a large extent. Moreover, instead of bringing their contract, or disciplinary disputes before ordinary courts, they are expected to agree on particular arbitration proceedings, which do not offer all the guarantees of fair trial. This raises the question whether these restrictions can be justified and whether human rights bodies should have a role to play in examining their lawfulness. 

This talk aims at contextualizing the current and potential case law of the European Court of Human Rights in the field of athletes’ rights, in particular concerning the right to fair trial, freedom of expression and religion, as well as discrimination based on various grounds. Remarkably, the jurisdiction of the Court is not limited to European athletes and players.'

For online participation you can register here.

Report on Non-Implementation of European Court Judgments

The European Implementation Network and Democracy Reporting International released their new report entitled 'Justice Delayed and Justice Denied: Non-Implementation of European Courts’ Judgments and the Rule of Law'. It is their third edition, with again the specific focus on the non-implementation of judgments of the European Court of Human Rights and the European Court of Justice in member states of the European Union - and thus with particular relevance for the EU's internal rule of law monitoring. 

Specifically on implementation of Strasbourg judgments, the best functioning state is Sweden, with an excellent record of implementation according to the report. And the five states with the worst record of performance, reflecting very serious problems are Hungary, Malta, Italy, Romania and Bulgaria. Hungary has the highest percentage of non-implemented judgments in the last decade (a staggering 76%) and Romania performs worst in absolute numbers (115 unimplemented judgments). 

This is part of the summary (for more, see here):

'The non-implementation of European courts' rulings by EU member states, which has long been growing into a systemic problem, is now unequivocally recognised as a rule of law matter. Non-implementation undermines the authority and effectiveness of both the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The EU member states are bound by the rulings of these courts. Yet, national authorities fail to make their laws and practices consistent with the European Convention on Human Rights and EU law requirements respectively.

Significant gains for the upholding of democratic principles and the rule of law provenly result from effectively implementing the European Courts’ rulings. That notwithstanding, governments' responses to the non-implementation crisis fall short of expectations, often ranging from sluggishness in following the European Courts’ guidance to active resistance thereto and extreme attempts to undermine these courts’ authority. These delays in implementing judgments lead to prolonged rule of law and human rights infringements and have far-reaching consequences for individuals who are denied timely justice.'

New Judge in Respect of Poland Elected

Yesterday, the Council of Europe Parliamentary Assembly elected Ms Anna Adamska-Gallant as a judge to the European Court of Human Rights in respect of Poland for a term of office of nine years. Ms Anna Adamska-Gallant is a Polish lawyer specializing in international criminal law and human rights. She has served as a judge for almost two decades, including almost six years as an international judge in Kosovo where she heard cases on war crimes and crimes against humanity. She holds a PhD in law from the University of Wroclaw. Furthermore, Ms Ms Anna Adamska-Gallant has been involved in various projects with the aim of strengthening the rule of law and supporting judicial reform in Ukraine. She joined the Polish bar in 2019. She thus has a very broad knowledge of and experience in the fields of criminal law, international humanitarian law and human rights.

Congratulations to the new judge elected!

New Elections in the Court

Last week, the plenary of the European Court of Human Rights elected from amongst its midst three judges to new positions. First off, a new Vice-President of the Court was elected: Judge Ivana Jelić, the judge elected in respect of Montenegro. She will start in this capacity on 1 November 2024. In addition, the Court elected two new Section Presidents: Judges Lado Chanturia, the judge elected in respect of Georgia, and Ioannis Ktistakis, the judge elected in respect of Greece. They will take up their duties on the same date. 

Congratulations to all three of them!

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.'

Special Issue on the Links Between Admissibility and Remedies at the ECtHR

I am very happy to announce that the European Convention of Human Rights Law Review has just published our special issue on 'Heads and Tails’: Admissibility and Remedies at the European Court of Human Rights' (Vol. 5, Issue 3, 2024). 

The special issue was guest edited by my great colleagues professors Janneke Gerards, Mads Andenas and myself (Antoine Buyse). It is based on the insights and discussions of an authors workshop we organised at Utrecht University, in a collaboration between the Montaigne Centre for Rule of Law and Administration of Justice, the Netherlands Institute of Human Rights (SIM) and Oslo University. 

This is what the special issue is about: 

A relative gap in ECHR scholarship is the interface of substantive matters and rather more procedural and institutional issues. Similarly, little attention has been paid to the interconnectedness between this interface and the wider debates about the nature of the Court as mainly or even only serving individual or, by contrast, constitutional justice. To our minds, it is important to connect the dots to see the overall picture of the developments in the Convention system.

To solve this gap in scholarship, this special issue focuses on a number of seemingly purely procedural issues that are closely intertwined with the substance of the Convention rights and the wider debates surrounding the Court’s functions. Our point of departure is that admissibility issues at the Court – metaphorically the ‘heads’ – and remedies – the ‘tails’ – mutually influence and shape not just the Court’s judgment of the merits – the ‘body’ of cases in Strasbourg – but also each other. Thus, in a variation on the old Egyptian and Greek legend of Ouroboros [see picture], the serpent eating its own tail and thus forming a cycle, we contend that the heads and tails of procedures before the Court are more closely connected than may seem at first sight. The way these connections are given shape and are perceived are central to this special issue.

These are the contents of the special issue:

* Janneke Gerards, Antoine Buyse and Mads Andenas, '‘Heads and Tails’: Admissibility and Remedies at the European Court of Human Rights' (introductory article to the special issue)

* Marco Fisicaro, 'Novel Approaches to Interim Protection Against Systemic Threats to the Rule of Law'

* Mathieu Leloup, 'The Question of Non-Independent Apex Courts as Effective Remedies to be Exhausted'

* Lorenzo Acconciamessa, 'Two Birds With One Stone? Governments’ Unilateral Declarations Before the ECtHR and the Reopening of Domestic Proceedings'

* Anne Bombay, 'The Court’s Correcting Mechanism: ‘General Measures’ as a Judicial Remedy to Address Legislative Inaction?'

* Joseph Finnerty, 'How Should the European Court of Human Rights Remedy Violations of Article 18 echr? The Case for Remedial Realignment'

*Corina Heri, 'Too Big to Remedy?: What Climate Cases Tell Us About the Remedial Role of Human Rights'

Both our introductory article and several of the other articles are open access. Many thanks to the journal and all participating authors as well as the journal's editors!

Council of Europe History Book

The Council of Europe has published a special book to celebrate its anniversary, entitled History of the Council of Europe - 75 years of European co-operation and authored by Birte Wassenberg professor of contemporary history at Strasbourg University. The book is also available in French. This is the abstract:

'Immerse yourself in the history of the Council of Europe, from its creation in 1949 to the challenges it has to address today. This comprehensive book traces the development of this pioneering and emblematic organisation and invites you to discover the key moments and challenges it has faced.

In the aftermath of the Second World War, the Council of Europe was established in Strasbourg with the objective of promoting and safeguarding human rights, democracy and the rule of law throughout Europe. It has created a common democratic and legal area by drawing up more than 200 conventions covering all aspects of daily life.

At its heart is also the European Court of Human Rights, guardian of fundamental freedoms and a flagship institution whose judgments are binding on the member states. Find out more about the Court’s landmark decisions, major reforms and how it has responded to changes in society.

The Council of Europe has forged close ties with the European Union, working in tandem on many projects to strengthen justice, safety and human rights. This work analyses the complementary and competitive nature of this strategic partnership and the expectations around it.

Throughout the history of the Council of Europe, there have been many great achievements but also crises and controversies. This book provides a detailed analysis of the turbulent times the Organisation has faced, from integrating new members to dealing with internal challenges, political pressures and external conflicts, and delves into the strategies it has adopted to address them.

History of the Council of Europe, 75 years of European co-operation is essential reading for anyone wishing to understand the development of this key European institution, its achievements, trials and tribulations, and the impact it has had on Europe and its people.'

New Session of the MOOC on ECHR Now Live

A new session of Utrecht University's free Massive Open Online Course (MOOC) on the ECHR is now live again! The session started on 7 September and runs for six weeks until 28 October 2024. Registration is open until 16 October. To enroll, please go to the Coursera platform. 

The MOOC entitled 'Human Rights for Open Societies - An introduction into the ECHR' is taught by my Utrecht University colleagues professor Antoine Buyse and professor Janneke Gerards. This is the description of our six-week course:

'Human rights are under pressure in many places across the globe. Peaceful protests are violently quashed. Voting is tampered with. And minorities are often excluded from decision-making. All of this threatens the ideal of an open society in which each of us can be free and participate equally. A solid protection of human rights is needed for an open society to exist and to flourish. But it is often an uphill battle to work towards that ideal. Equip yourself and learn more about what human rights are and how they work. 

In this course, we will introduce you to one of the world’s most intricate human rights systems: the European Convention on Human Rights. You will see when and how people can turn to the European Court of Human Rights to complain about human rights violations. You will learn how the Court tries to solve many of the difficult human rights dilemmas of today. We will look, amongst other things, at the freedom of expression and demonstration, the right to vote, and the prohibition of discrimination. And we will address the rights of migrants, refugees, and other vulnerable groups. And, of course, we will see whether it is possible to restrict rights and if so under what conditions. You will even encounter watchdogs and ice cream in this course. We invite you to follow us on a journey of discovery into the European Convention!'

Please watch this short introduction video to get an impression:

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!