With the pending case of Hanan v. Germany, the Grand Chamber has the opportunity to consider anew whether airstrikes fall within the jurisdiction of the Convention, and clarify – once and for all – that Member States cannot do abroad what they cannot do at home.
The ECHR recently delivered its first Advisory Opinion in a case on gestational surrogacy. The case is noteworthy in terms of the novel procedural dimension as well as in substance. Again, the Court examined France’s rigid stance on surrogate motherhood.
Immigrants are protected from expulsion by the right to respect for private and family life. But in certain circumstances after a criminal conviction, expulsion may be justified. The ECtHR seems to lower the level of protection in its recent case law.
How much flexibility should we allow the European Court of Human Rights (ECtHR) in order to provide for protection of important interests? The example of the Italian waste crisis and how it led to a violation of the European Convention.