Advisory opinion on the obligation for lawyers to appear in person before disciplinary bodies
On 20 October 2026 the Court delivered its opinion in response to a request submitted by the Constitutional Court of Luxembourg.
The request concerned the compatibility with Article 6 (right to a fair hearing) of the Convention of the obligation for a lawyer facing disciplinary proceedings to appear in person at the hearing before the disciplinary body and, in the event of failure to do so, the resulting inability to be represented by counsel instead and to apply to the body in question to set aside an adverse decision entered in default (section 26 of the Law of 10 August 1991).
European Court of Human Rights wins award for protecting judicial independence
On 18 October 2026 the European Court of Human Rights was awarded the Judicial Independence Award 2026 by the International Association of Judges (IAJ). Ana Maria Guerra Martins, judge elected in respect of Portugal, attended the award ceremony in Lisbon to receive the award on the Court’s behalf.
Commenting via video message yesterday, Mattias Guyomar, the Court’s President, said that the Court has for more than seven decades been a beacon to protect the rule of law and judicial independence. He emphasised that it is currently all the more important to stand with judges, given the attacks and pressures they are facing, and thanked the IAJ for recognising the Court’s work in defending peace and the European legal order.
Judicial activities

Measures under Rule 39 of the Rules of Court are decided in connection with proceedings before the Court, without prejudging any subsequent decisions on the admissibility or merits of the case.

Civil compensation remedy effective for inadequate detention conditions
In the case of Zakutniy and Others v. Ukraine, the ECHR held that there had been no violation of the right to an effective remedy.
The case concerned the effectiveness of the compensatory remedy available under national law in respect of complaints concerning inadequate conditions of detention.
The Court found that, despite certain shortcomings, a civil claim for compensation brought under Articles 1173 and 1174 of the Civil Code could, in principle, be regarded as effective. Accordingly, where a complaint regarding inadequate conditions of detention was made, applicants were expected to make use of that legal avenue before lodging their complaints with the Court.
- Press release
- Press release (in Ukrainian)

European Court accepts advisory opinion request from the Supreme Court of the Netherlands concerning review mechanism of a final acquittal for murder.
The ECHR has accepted a request for an advisory opinion submitted by the Supreme Court of the Netherlands.
The request concerns legislation which entered into force in the Netherlands in 2013 making it possible to seek review of an acquittal which had become final, to the detriment of a former defendant.
In 2025 the Board of Procurators General filed an application for review of a former defendant’s acquittal of murder, based on the results of DNA analysis obtained through techniques not available at the time of his trial. The application for review seeks to have the relevant provisions of the Code of Criminal Procedure, which have been amended and have entered into force since the former defendant’s acquittal in 2012, applied retroactively.

The ECHR has decided to discontinue the advisory-opinion proceedings that it had begun in response to a request from Slovenia’s Supreme Court.
The advisory opinion had been sought in the context of judicial review (administrative‑dispute) proceedings pending before Slovenia’s Supreme Court following an appeal on points of law. At issue in the case was the question of whether allowing the issuance of a building permit and the construction of a motorway without first expropriating the affected land constituted an unjustified interference with the landowners’ property rights, as protected by Article 1 of Protocol No. 1 to the Convention and Article 33 of the Constitution of Slovenia.
In June 2026, the parties reached a settlement, and the plaintiffs sought to withdraw their appeal on points of law. Normally, under Slovenian law, that would take effect automatically. However, because the proceedings had been stayed pending receipt of the advisory opinion, no procedural steps could be taken. The plaintiffs therefore asked the Supreme Court to resume the proceedings so that the withdrawal could take effect.

Forthcoming delivery of an advisory opinion in response to a request from the Constitutional Court of the Grand Duchy of Luxembourg
The ECHR will deliver an advisory opinion at a public hearing on Tuesday 20 October 2026.
The delivery will be broadcast live on the European Court’s YouTube channel.
The request was made in the context of disciplinary proceedings brought against a former lawyer of the Luxembourg Bar who was disbarred for life by the Disciplinary and Administrative Board of Appeal. Having failed to appear in person before the disciplinary bodies, as required by section 26(11) of the Law of 10 August 1991, the Board of Appeal found against her by default and her counsel was refused leave to represent her in her absence.
Press releases on other judgments and decisions
20 October: 7 Judgments
13 October: 8 Judgments










