European Court of Human Rights

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Challenges in Executing Judgments of the European Court of Human Rights: the Case of the Roma

December 8, 2023

What does it mean for a judgment of the European Court of Human Rights to be “executed”?   In European Convention parlance, “execution” is a term that carries within it a great deal of potential, if unexplained, meaning. Article 46 of the Convention provides that “The High Contracting Parties undertake to abide” – not “shall abide” or “must abide” – “by the final judgment of the Court in any case to which they are parties.”  And after the Court issues its final judgment, it “shall be transmitted to the Committee of Ministers, which shall supervise its execution.” It all sounds rather technical. The Rules of the Committee of Ministers further this impression of a somewhat clinical exercise. Consistent with Article 46, Rule 6 “invite[s]” the high contracting party to “inform” the Committee of the measures taken, but the rules do not “compel” a state to do anything. This makes sense. After all, the European Convention is an international treaty regime to which sovereign states voluntarily bind…

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Life & Death, an Unstable Scale: The European Court of Human Rights Approach to Euthanasia in Mortier v. Belgium

December 4, 2023

On 4 October 2022, the European Court of Human Rights (“ECtHR”) issued a Chamber judgment in the case of Mortier v. Belgium. This landmark ruling is the first-ever ruling of the ECtHR on the compliance of euthanasia, once performed, with the rights protected under the European Convention of Human Rights (“ECHR”). Additionally,…

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When Should ECtHR Proceedings Become ‘Horizontal’? The Issue of the ‘Interested’ Third Party in A.S. and M.S. v. Italy

November 1, 2023

On 19 October 2023 the European Court of Human Rights (ECtHR or ‘the Court’) issued its judgment in the case of A.M. and M.S. v. Italy (no. 68618/22). It falls within a group of judgments finding violations of Article 8 of the European Convention on Human Rights (ECHR or ‘the Convention’) on…

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Climate Change Hearings and the ECtHR Round II

October 9, 2023

On Wednesday the 26th of September, the Grand Chamber of the European Court of Human Rights held oral hearings in Duarte Agostinho and Others v. Portugal and 32 others, which is one of the three climate change cases currently pending before the Grand Chamber (seven other cases have been adjourned pending the Grand Chamber’s decision…

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Cossacks, Pussy Riot, and the Attribution of Conduct: A Comment on Verzilov v. Russia

September 14, 2023

On 29 August, a Chamber of the European Court of Human Rights delivered its judgment in Verzilov and others v. Russia (no. 25276/15). This is the second case before the Court to concern the Russian feminist punk band Pussy Riot, after Mariya Alekhina and Others v. Russia (no. 38004/12). Verzilov concerned an incident during the…

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