Council of Europe

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From Specificity to Institutional Reliability: J.B. v. Greece and Diplomatic Assurances

On 26 May 2026, the European Court of Human Rights (the Court) delivered its judgment in J.B. v. Greece (no. 54796/16). The case concerns the potential removal of a Syrian national from Greece to Türkiye under the EU-Türkiye Statement of 18 March 2016, following the rejection of his asylum claim on safe third country grounds. The Court struck out the applicant's substantive Article 3 complaint concerning his removal to Türkiye (§ 64), found no violation of Article 13 taken with Article 3 as regards the examination of his asylum claim (§ 135), and found a violation of Article 3 concerning the conditions of his detention at Mytilene police station (§ 145). While the detention finding largely follows established Article 3 case law concerning conditions in Greece, the judgment’s more significant doctrinal question concerns the Court’s treatment of assurances supporting return to Türkiye.

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Must States Control Their Borders? The Ceuta Crisis and International Law

Ceuta, a Spanish city on the North African coast with a population of approximately 80,000, experienced an unprecedented mass influx of people during the last week of July. Around 70,000 people, mostly Moroccan nationals but also persons from other countries, entered the territory irregularly. Although the precise causes remain uncertain, the immediate trigger appears to…

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Migration in Times of Fascization

In May 2025, the infamous “letter of the nine” was published. In it, the governments of nine European states laid out their vision of various anti-migrant policies and called for “a new and open minded [sic.] conversation about the interpretation of the European Convention on Human Rights”. The case-law of the European Court of Human Rights (ECtHR),…

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The Chișinău Declaration in the Data: Non-Refoulement and States’ Insatiable Appetite for a Restrained Court

There is a striking hidden controversy at the heart of the recent Chișinău Declaration issued by the members of the Council of Europe on May 15, 2026. All 46 member states have adopted a coordinated demand, asking that the European Court of Human Rights (the Court, the ECtHR) in particular to narrow their interpretation of Article 3 (the…

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Can the Living Instrument Doctrine Be Reversed?

On 15 May 2026, the Committee of Ministers of the Council of Europe (CoE), meeting at ministerial level in Chişinău (Republic of Moldova), adopted a declaration in which the European Court of Human Rights (‘the Court’) was called upon to recalibrate the standard of human rights protection in the field of migration policy. Much has been written…

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