Checks and Balances in ECtHR Cases of Mass Surveillance
The European Court of Human Rights (ECtHR) applies checks and balances in cases of mass surveillance, ensuring that applicants exhaust domestic remedies, adhere to time limits, demonstrate harm, consider legal persons, and meet other criteria like oversight and information sharing. The ECtHR's case
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The Boundaries of Investment Arbitration: Crossroads of Trade and Human Rights Law
This material delves into the overlapping realms of investment arbitration, trade law, and European human rights law in investor-state disputes. It examines the use of ECtHR and WTO references in arbitration rulings, the nuances of citation choices, the appeal of juridical rulings, and the comparati
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Balancing Freedom of Expression and Right to Private Life in Recent ECtHR Practice
The European Court of Human Rights (ECtHR) grapples with balancing the fundamental rights of freedom of expression and the right to private life. While the criteria applied are deemed relevant and reasonable, inconsistency in their application has been observed. This study critiques the ECtHR's deci
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Evolution of the European Court of Human Rights: Towards a Constitutional Court?
The article explores whether the European Court of Human Rights is transitioning into a constitutional court. It discusses the Conventionality principle, in abstracto claims, and the current approach of the ECtHR, focusing on individual vs. societal interests. The examination of cases like Klass v.
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Is the Evolution of the European Court of Human Rights towards a Constitutional Court?
The article explores whether the European Court of Human Rights (ECtHR) is transforming into a constitutional court. It delves into the concept of in abstracto claims and the Conventionality principle, analyzing cases that have allowed individuals to claim violations without direct application. The
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Is the Human Rights Framework Adequate for the Big Data Era?
The discussion by Bart van der Sloot explores the compatibility of the human rights framework, especially the right to privacy under the ECHR, with the challenges posed by big data and mass surveillance. It delves into the ECtHR's approach to these issues and questions whether the current human righ
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Understanding Freedom of Expression: European Court of Human Rights Case Law
The European Court of Human Rights upholds human rights and democracy through its case law on freedom of expression. The Council of Europe, with 47 member states, established the Convention for the Protection of Human Rights and Fundamental Freedoms as the European standard for human rights protecti
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