Tag: ECHR
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May the Rule of Law be Retroactive? Berlusconi’s Case Before the European Court of Human Rights
—Franco Peirone, Jean Monnet Center, NYU School of Law On November 22, 2017, the Grand Chamber of the European Court of Human Rights (ECtHR) will have to decide on a curious petition: the former Prime Minister of Italy, Silvio Berlusconi, claims to have suffered an injustice by a retroactive application of Italian anti-corruption legislation.
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Populism and Judicial Backlash in the United States and Europe
—Bilyana Petkova, Postdoctoral fellow, NYU School of Law, Visiting Researcher, Yale [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here. Parts of this post are adapted from “Federalism, Rights and Backlash”, International Journal of Constitutional Law (forthcoming, 2017), co-authored with…
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The Court of Justice of the European Union Strikes Down EU Accession to the European Convention on Human Rights: What Does the Decision Mean?
—Michèle Finck, University of Oxford A shockwave went through the world of those practitioners and academics that focus on both on European Union (‘EU’) law and on the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘ECHR’) last week.
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Should Prisoners Have the Right to Assisted Suicide?
—Michèle Finck, University of Oxford Recently, a Belgian inmate, convicted of murder and rape, received a lethal injection. Most Europeans would feel nothing short of a shock when reading these lines. After all, the death penalty has been abolished in most European States in the aftermath of WWII, and is now outlawed by Protocol No.
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Freedom of Expression or Freedom from Electoral Unfairness?: The ECHR Upholds a Ban on Political Advertising
—Eoin Carolan, University College Dublin The decision in Animal Defenders International v. U.K. represents the European Court of Human Rights’ latest effort to resolve the contentious and long-running debate about the compatibility of a prohibition on political advertising with the protection afforded to freedom of expression under Article 10 of the European Convention on Human…