Otegi Mondragon et al. v. Spain - The impartiality of the Audiencia Nacional in the spotlight

Judicial impartiality is of fundamental importance to anyone facing trial, and especially to those facing criminal prosecution. This blog offers a detailed analysis of the Otegi case and exposes the current state of the Spanish judicial system.

Alejo Fernández Martín • December 11, 2018

Confiscating assets without a prior conviction violates fundamental rights?

The ECtHR has ruled that imposing a confiscation order without a prior formal conviction does not amount in itself to a violation of Article 7 ECHR. In doing so, it is paving the way for a more extensive use of non-conviction based confiscation in Europe.

Adriano Martufi • July 11, 2018

A Co-operative Way Out of Exploitation: Reflections on the Manolada Strawberries Case

Migrants are often cast in the role of victims, as in the decision of the European Court of Human Rights in the Manolada Strawberries case. We argue that they may gain agency and institutionalise networks of solidarity by forming social cooperatives.

Mariana Gkliati and Morshed Mannan • April 20, 2017 • 2 comments

Outbursts of Tension: The Complex Relationship between Strasbourg and the States

Join our workshop on the European Court of Human Rights at the Interaction between Legal Systems conference on Wednesday 21 January 2015. Now that there is a threat that some Member States will withdraw from the Convention, how can the ECtHR respond?

Ingrid Leijten and Lize Glas • January 06, 2015

Property Protection and Austerity Measures: Is Strasbourg Backing Off?

Over the past years, the European Court on Human Rights has increasingly dealt with social security under the right to property protection. As complaints about austerity measures start reaching the Court, its approach seems to become more hesitant.

Ingrid Leijten • November 19, 2013

Social Rights for the ‘Nearby Needy’?

An undocumented Somali asylum seeker sexually assaulted a ten-year-old girl. ‘It was a matter of time’, his attorney says. How about the right to health care and treatment for the (mentally) ill for whom the State is not willing to take responsibility?

Ingrid Leijten • July 23, 2013

On the lack of a constitutional court and the ‘constitutionalisation’ of the ECtHR

No we do not have a constitutional court. But we do have the European Convention, and the European Court of Human Rights. Which, by the way, also has an increasingly ‘constitutional’ task and engages in ‘constitutional reasoning’.

Ingrid Leijten • February 19, 2013 • 1 comment

Installing covert technical devices on computers: when will it be Strasbourg proof?

According to minister Opstelten, new investigatory measures are needed to fight cyber crime more effectively. What human rights standards should national authorities take into account in order to comply with the requirements as developed by the ECtHR?

Tess de Jong • October 20, 2012 • 3 comments

The European Court of Human Rights: towards a too procedural approach?

The ECtHR nowadays uses a more procedural approach when assessing an alleged human right violation. What lessons can be learned from experiences in Dutch administrative law with a procedural approach?

Jaap van Rijn van Alkemade and Tess de Jong • June 12, 2012

leidenlawblog

ECtHR

Blogs

Otegi Mondragon et al. v. Spain - The impartiality of the Audiencia Nacional in the spotlight

Confiscating assets without a prior conviction violates fundamental rights?

A Co-operative Way Out of Exploitation: Reflections on the Manolada Strawberries Case

Outbursts of Tension: The Complex Relationship between Strasbourg and the States

Property Protection and Austerity Measures: Is Strasbourg Backing Off?

Social Rights for the ‘Nearby Needy’?

On the lack of a constitutional court and the ‘constitutionalisation’ of the ECtHR

Installing covert technical devices on computers: when will it be Strasbourg proof?

The European Court of Human Rights: towards a too procedural approach?

ECtHR

Blogs

Otegi Mondragon et al. v. Spain - The impartiality of the Audiencia Nacional in the spotlight

Confiscating assets without a prior conviction violates fundamental rights?

A Co-operative Way Out of Exploitation: Reflections on the Manolada Strawberries Case

Outbursts of Tension: The Complex Relationship between Strasbourg and the States

Property Protection and Austerity Measures: Is Strasbourg Backing Off?

Social Rights for the ‘Nearby Needy’?

On the lack of a constitutional court and the ‘constitution­alisation’ of the ECtHR

Installing covert technical devices on computers: when will it be Strasbourg proof?

The European Court of Human Rights: towards a too procedural approach?

On the lack of a constitutional court and the ‘constitutionalisation’ of the ECtHR