Strasbourg Observers
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Latest posts
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The retreat of Rule 39? Interim measures, migration and democratic backsliding
By Daria Sartori The so-called “letter of the nine” and the process leading to the Chișinău Declaration, have cast a spotlight on States’ increasingly vocal and coordinated discontent with the adjudicatory powers of the European Court of Human Rights (ECtHR, or Court) over…
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Lebedeva and Others v. Russia: Rewarding non-compliance does not ensure the long-term effectiveness of the Convention system
By Ausra Padskocimaite On September 3, the European Court of Human Rights (ECtHR) issued an unprecedented decision in Lebedeva and Others v. Russia to strike out almost 900 individual and, in the Court’s own words, ‘potentially meritorious’ applications from its list without…
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Le Syndicat GJ v France: The creeping normalisation of restrictions on protest
By Dr Alice Dejean de la Bâtie When it comes to the right to protest, the distinction between a declaratory regime and an authorisation regime may seem, to non-specialists, rather technical. Yet the difference is straightforward and fundamental: under a declaratory regime,…
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Rule of law as a protection against arbitrariness – Sobczyńska and others v Poland
By Barbara Grabowska-Moroz In May 2026, the ECtHR decided Sobczyńska and others v Poland – a case suggesting the existence of structural shortcomings of judicial independence in the Polish legal system, which existed long before the rule of law crisis started in Poland in 2015.…
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The Article 3 divide in Yasak v. Türkiye: judicial line-drawing and the boundaries of (in)humanity in prisons
by Natasa Mavronicola The European Court of Human Rights’ Grand Chamber judgment in Yasak v. Türkiye has rightly attracted extensive discussion, with particular focus on its Article 7 dimension (see, e.g., here and here). In this post, I zoom in on the Article 3 finding in…
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International Federation for Human Rights (FIDH) and International Movement ATD Fourth World v. Belgium: drawing a red line against begging bans and the stigmatisation of people living in poverty
By Marion Sandner In August 2026, the European Committee of Social Rights published its decision in the case FIDH and ATD Fourth World v. Belgium (Complaint No. 233/2023). The two complainant organisations sought the Committee in relation to hundreds of municipal regulations…
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A Warning Shot for Applicants Seeking Interim Measures? Abuse of the Right of Application in Mouelhi v. Belgium
By Luna Lanckvrind What are the consequences when applicants distort the facts underlying requests for urgent protection before the European Court of Human Rights (ECtHR)? In the case of Mouelhi v. Belgium, the Court attempted to settle this question, venturing into territory…
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Cross-Border Recognition of Parenthood by Same-Sex Couples under the ECHR – The Judgment in A.P. and R.P. v. Poland
By Alina Tryfonidou The issue of the cross-border recognition of parenthood established between a child and two persons of the same sex in States which allow joint legal parenthood by same-sex couples has come to the fore in Europe in the last decade or so. The question has…
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A Conviction Void in Strasbourg but Still in Force at Home: Kavala v. Türkiye (No. 2) and Article 46 ECHR
By Joanna Demopoulou On 25 August 2026 the Grand Chamber held that Osman Kavala’s criminal conviction ‘should be regarded, under Convention law, as null and void’ (Kavala v. Türkiye (No. 2), § 309). Article 46 ECHR reasoning is ordinarily oriented towards obligations, results…
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Can Article 7 ECHR be absorbed? Criminal legality in Kavala v. Türkiye (no. 2)
By Marilena Katsogiannou Among the striking features of the Grand Chamber’s judgment in Kavala v. Türkiye (no. 2) is the way it dealt with Kavala’s expressly pleaded Article 7 complaint. It identified the defects at its core, but did not decide the complaint under this…
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What Happens When a State Ignores Strasbourg? The Kavala Judgment and the Authority of the European Court of Human Rights
By Emilia Klebanowski On 25 August 2026, the European Court of Human Rights (ECtHR or Court) delivered its landmark judgment in Kavala v Türkiye (No. 2). Sitting as a Grand Chamber, the Court found by fifteen votes to two that Turkey had violated Articles 3, 5, 6, 10, 11 and 18…