Examining Racial-Profiling Complaints in the Age of Subsidiarity: Basu v Germany and Muhammad v Spain
Image Description: Two policemen in uniform standing with their backs to the camera. On 18 October 2022, the European Court of Human Rights (‘ECtHR’)’s Third Section passed judgment in Basu...
Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part 2]
This is what happened in Poland. The Supreme Court made a preliminary reference about the appointment of the members of its Disciplinary Chamber (DC). The CJEU considered that there were...
Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part1]
That the Polish constitutional crisis would have had serious human-rights implications was clear from the start. It would have been naïve to assume that the CoE would not have had...
Kurt v Austria: ECHR Positive Obligations Without a Coercive Sting?
A terrible family drama reopens the debate about the coercive sting of ECHR positive obligations Measures to prevent crime have always been considered part of the positive obligations under Article...
Respecting Subsidiarity While Guaranteeing the Right to a Tribunal Established in Accordance with National Law: From Astradsson to Xero Flor
International bodies like the ECtHR should not easily substitute their assessment for that of national judges who have analysed a human-rights issue ‘properly’. So much is dictated by subsidiarity; and...
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