European Court of Human Rights

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A Domestic Court’s Attempt to Derogate from the ECHR on behalf of the United Kingdom: the implications of Covid-19 on judicial decision-making in the United Kingdom

April 9, 2020

It is perhaps trite to note that for many countries throughout the world Covid-19 represents an unprecedented (as least in terms of modern peacetime history) public health emergency. It is inevitable that during this time some decisions will be made that are controversial, both ethically and legally. It will take careful reflection in the wake of the pandemic for the true implications of the response by governments to be properly appreciated. Courts are also not immune from making hasty decisions that are legally questionable (or plainly wrong in law). One such decision is the recent judgment of Justice Hayden sitting in the England and Wales Court of Protection in BP v Surrey County Council & Anor [2020] EWCOP 17 (25 March 2020). Of particular concern is what seems to be the judge’s attempt to derogate from Article 5 of the European Convention on Human Rights (‘ECHR’) pursuant to Article 15 on behalf of the United Kingdom. The case involved an urgent application (in the context of broader proceedings concerning capacity) regarding an 83-year-old…

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Supervision of Derogations in the Wake of COVID-19: a litmus test for the Secretary General of the Council of Europe

April 6, 2020

The pandemic COVID-19 has triggered a record number of derogations from the European Convention on Human Rights (the ‘ECHR’ or the ‘Convention’). By now, Albania, Armenia, Estonia, Georgia, Latvia, Moldova, North Macedonia and Romania have notified the Secretary General of the Council of Europe (the ‘Secretary General’) of their derogations from the ECHR. More States may…

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NGOs and ECtHR judges: A Clarification

March 13, 2020

The 5 March blog post by Grégor Puppinck is not really a result of academic research, nor does it manage to identify an actual problem of public policy. Despite its civility in style and appearance of balance, the blog post, as well as the underlying European Centre for Law and Justice (ECLJ) report written by the…

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NGOs and judges at the ECtHR: a need for clarification

March 5, 2020

What are the relationships between the judges of the European Court of Human Rights (ECtHR) and leading non-governmental organisations, and what should the Court be doing about them, particularly in cases in which doubts as to the judges’ impartiality might arise? This is the topic of this post, which is  worthy of interest and needs to be addressed,…

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(Not) Investigating Kunduz and (Not) Judging in Strasbourg? Extraterritoriality, Attribution and the Duty to Investigate

February 25, 2020

  A 2009 airstrike near Kunduz, Afghanistan, that led to more than 100 casualties and was ordered by a German colonel will be the subject of oral arguments in the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) in the case of Hanan v. Germany, tomorrow, 26 February 2020. On 4 September…

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