European Convention on Human Rights

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The European Convention of Human Rights and Climate Change – Finally!

It was only ever a matter of time before the European Court of Human Rights (ECtHR) would be called upon to interpret the application of the ECHR to the climate crisis. Climate change litigants have scored a series of notable successes in domestic courts of late. Most famously in the Urgenda decision delivered by the Dutch Supreme Court in December 2019, holding that the Dutch government’s climate change plans violated articles 2 (right to life) and 8 (right to respect for private and family life) of the ECHR as a result of the serious risks posed by climate change (discussed here). And more recently, the decision delivered by the Irish Supreme Court in Friends of the Irish Environment, finding that Irish climate change mitigation plans lacked important details (even if the arguments based on the ECHR were rejected by the Court), discussed here. At the time of writing, the so-called People’s Climate Case is pending before the CJEU. Not surprisingly then, on September 3rd six children from Portugal,…

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Liechtenstein v Czech Republic before the European Court of Human Rights

On 19 August 2020, Liechtenstein lodged an inter-State application against the Czech Republic. Liechtenstein alleges breaches of the rights of its citizens, inter alia, of their right to property under Article 1 Protocol 1 of the European Convention on Human Rights (ECHR, the Convention). The case made it to the headlines of major international newspapers, such as the…

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The Netherlands’ inter-State application against Russia six years after MH 17

Malaysian Airlines flight MH 17 from Amsterdam to Kuala Lumpur was shot down in July 2014 over the territory of Eastern Ukraine, killing 298 persons. On 10 July 2020, almost exactly six years later, the Dutch government lodged an inter-State application against Russia before the European Court of Human Rights (ECtHR, the Court) under Article 33 ECHR,…

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Has ‘Control over rights doctrine’ for extra-territorial jurisdiction come of age? Karlsruhe, too, has spoken, now it’s Strasbourg’s turn

The German Constitutional Court (GCC) declared, in its ruling on May 19th, that the surveillance of non-German individuals outside of Germany was unconstitutional. The Court’s judgment on the German Act on the Federal Intelligence Service (Gesetz über den Bundesnachrichtendienst, or the BND-Gesetz) has not attracted enough legal commentary in the midst of the COVID-19 pandemic.

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Attribution, Jurisdiction, Discrimination, Decapitation: A Comment on Makuchyan and Minasyan v. Azerbaijan and Hungary

You know how, every once in a while, you read a case that has everything? I mean really everything? Great facts. Grisly facts even, for those so inclined – say involving a beheading by a state agent. Great law. Not just some genuine legal innovation worthy of scholarly commentary – that’s fine obviously, but not all that uncommon.

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