Month: July 2008
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Recognised at Long Last
In one of its last judgments before the summer break, the Court found violations on several counts in a case lodged by the Austrian Religionsgemeinschaft der Zeugen Jehovas (Austrian Jehovah’s Witnesses). The religious community applied for legal recognition as a religious society and asked to
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Turkish AK Party Fined But Not Dissolved
Yesterday, the Constitutional Court of Turkey ruled that Prime Minister Recep Tayyip Erdogan’s AK Party will not be banned. It was a Phyrric victory for the party, however. A majority of the judges voted to close down the party, but the majority was not large
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Losing Flux – Freedom of Expression Case
Today the Moldovan newspaper Flux for the first time lost a case before the European Court of Human Rights. The newspaper is famous among Strasbourg watchers. It instituted and won six earlier cases before the Court and each time a violation of Article 10 ECHR
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Request for Interim Measure on Turkish AK Party – Dismissed
Last Friday, 25 July, the Court received an application by Ali Sezer relating to the possible dissolution of the ruling party in Turkey, the AK Party (Justice and Development Party). The applicant also asked for an interim measure “to prevent the Turkish Constitutional Court from
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Kononov judgment available
The Kononov judgment I mentioned in last Friday’s post is now available on the Court’s website (in English and in French). To find it, click here.
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World War II Crimes Revisited
It is relatively rare, but sometimes echoes of crimes committed during World War II reach the Strasbourg Court. In such instances the Court is called upon to look into atrocities which themselves gave rise to the drafting of the Convention and the creation of the
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Judicial Ethics
Article 21 ECHR provides that the Court’s judges shall be of high moral character, qualified, impartial and independent. These criteria have been further specified in the Rules of Court. Apparently, this was not sufficient – or at least not sufficiently known to the general public.
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Separate, But Still Equal
After the Czech Republic and Greece, it was Croatia’s turn last week to be faced with a complaint of unequal treatment of Roma in schools. In the case of Orsus and others v. Croatia, the European Court of Human Rights addressed the issue of Roma-only
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Hate Speech Case
Restricting hate speech is often a contentious point from the perspective of human rights. Last week, the Court issued a judgment on such speech in the French case of Soulas and others. Soulas was the publisher of a book written by Guillaume Faye entitled ‘La
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New Articles on ECHR
There are two recent articles I would like to draw your attention to. The first is: Edouard Dubout, ‘Interprétation téléologique et politique jurisprudentielle de la Cour européenne des droits de l’homme’, which has appeared in the latest issue of the Revue Trimetrielle des Droits de