Articles for tag: citizens assembly, democratic values, EGMR, latvia, Russland

Rodina And Borisova V. Latvia And The Principle Of Self-Defending Democracy

The ECtHR, in its recent judgment on 10 July 2025 in the case of Rodina and Borisova v. Latvia, examined the applicants’ complaints regarding the refusals of domestic authorities to authorize the assemblies they wished to hold on 9 May and 23 September 2014. The ECtHR analyzed the freedom of peaceful assembly within the context of the principle of self-defending democracy. It reaffirmed that no one should be permitted to invoke the provisions of the ECHR to weaken or destroy the ideals and values of a democratic society.

6. August 2025

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Assets Without Alibi

Păcurar is yet another version of the familiar cat-and-mouse game between anticorruption agencies and corrupt public officials: some public officials quietly amass real estate, luxury cars, financial investments, or cash, and – once confronted by anticorruption agencies to explain the difference from their declared legal income – rely on whimsical excuses. On 24 June 2025, the ECtHR held that wealth may be taken away if public officials cannot explain that very difference. This ruling completes the ECtHR’s endorsement of civil law instruments in the fight against corruption by fully disconnecting confiscation from any link to a crime.

13. Juli 2025

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Beyond the Fog of War

Superlatives are often overused - but in the case of the Grand Chamber judgment in Ukraine, The Netherlands v Russia, delivered on 9 July 2025, they are not only justified but arguably inadequate. This case stands out as one of the most consequential and complex in the history of the European Court of Human Rights. It addresses systemic human rights violations committed in the context of an ongoing international armed conflict and during a prolonged period of occupation.

12. Juli 2025

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The Finish Line of Caster Semenya’s Judicial Marathon

Caster Semenya was wronged, and Switzerland – due to the inaction of the Swiss Federal Supreme Court (SFSC) – was held responsible by the Grand Chamber (GC) of the ECtHR. This conclusion to a long judicial marathon is an important vindication for an athlete who saw her career destroyed by a process that violated her right to a fair hearing. The case will be remembered as a significant landmark that will affect the field of transnational sports law and governance for years to come.

11. Juli 2025

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Parteiverbot gleich Mandatsverlust?

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Mit den jüngsten Beschlüssen des SPD-Bundesparteitags zur Vorbereitung eines AfD-Parteiverbotsverfahrens hat die Debatte erneut an Dynamik gewonnen. Dabei rückt auch die Frage in den Fokus, was mit den Mandaten der AfD-Abgeordneten im Europäischen Parlament, im Bundestag und in den Landtagen im Falle eines Parteiverbots geschehen würde. Was nach deutschem Recht eindeutig scheint, wirft im Lichte des Völkerrechts und insbesondere der Rechtsprechung des Europäischen Gerichtshofs für Menschenrechte bisher nur selten beachtete Fragen auf.

7. Juli 2025

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Externalising Migration Control

On 20th of May 2025, the European Court of Human Rights declared the case of S.S. and others v Italy inadmissible under Art.1 of the European Convention on Human Rights. The decision marks a missed opportunity. Instead of addressing the question of functional jurisdiction in the context of externalised migration control, the Court found that Italy does not enjoy extraterritorial jurisdiction over a group of irregular migrants whose ship was wrecked on the high seas near the Libyan coast. The ruling is another illustration of how externalised border control and “pull-back” policies are becoming normalised in Europe.

2. Juli 2025

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Private Wealth, Public Doubt

Public officials having to disclose their private wealth is a powerful anti-corruption tool that led to the imprisonment or dismissal of hundreds of corrupt public officials across Europe. In Romania, this included ministers and a Parliamentary President. Despite this success, the Romanian Constitutional Court now substantially undermined the effectiveness of asset declarations: it declared the online publication of declarations unconstitutional and invalidated the provision on declaring wealth of adult family members of public officials. There are two reasons for other governance-reforming countries not to follow this case law.

27. Juni 2025

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A Door Opened, But Not Fully

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On 12 June 2025, the European Court of Human Rights issued a judgment in T.H. v. the Czech Republic – the first case brought by a non-binary person. The Court found a violation of Article 8 of the Convention for requiring sterilisation as a precondition for legal gender recognition. Yet, the misgendering of the applicant, the Court’s silence on Articles 3 and 14, and the absence of compensation all temper the applicant’s win.

17. Juni 2025

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A New Look at Confiscating Russian Assets

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In the near future, the European Court of Human Rights (ECtHR) may issue its first compensation awards against Russia for its conduct in the war in Ukraine. When that happens, the question of how to enforce such awards will become paramount. Given Russia’s lack of cooperation, claimants may seek to enforce compensation awards in third states holding Russian assets, a promising yet untested avenue. Drawing from a recent report by Open Society Justice Initiative (OSJI), this post explores some of the legal hurdles this avenue entails as well as some of its broader implications. We believe that this approach could be a limited but significant instrument to redress harm for victims of human rights abuse committed in the war.

6. Juni 2025

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“For the Sole Reason of Being Born Mixed-Race”

Where there is a will, there is a way. This phrase could sum up the logic behind the recent judgment of the Brussels Court of Appeal which condemned the Belgian government to compensate for the damage resulting from the abduction and racial segregation of children of white fathers and Black mothers during its colonisation of the Congo. The judgment sets a historic precedent: it is the first time that a domestic Court has ordered the government to pay financial compensation for acts that could have had amounted to crimes against humanity during its colonial past.

6. Juni 2025

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