Grand Chamber judgment concerning Hungary
09/03/2023
In the case of L.B. v. Hungary the Court held that there had been a violation of the right to respect for private and family life and the home.
The case concerned the Hungarian legislative policy of publishing the personal data of taxpayers who were in debt. The applicant complained that his name and home address had been published on a list of “major tax debtors” on the tax authorities’ website under a 2006 amendment to the relevant tax legislation.
The Court found that the amended publication scheme had been systematic, without any weighing up of the public interest in ensuring tax discipline against the individual’s privacy rights.
Press release Delivery of the judgment
Webcast of the hearing (3/11/2021)
Country profile - Hungary Factsheet: Protection of personal data Factsheet: Taxation
Due to the interruption of the international postal services to and from the Russian Federation and where the only means of delivery of the Court’s decisions and judgments to the applicants is by post, the Court has exceptionally decided to notify the applicants about decisions and judgments adopted by its Chamber and Committee judicial formations after 1 March 2022 in respect of applications against the Russian Federation only via its HUDOC database.
As announced in the Court’s press release of 29 August 2022, as from 1 September 2022 the Court has returned in some aspects to the normal processing of applications involving Ukraine. Due to the interruption of the international postal services to and from Ukraine, the Court will communicate with applicants via its electronic communication system, eComms. For that purpose, the Court will use the email address provided by the applicants. Regarding specifically the notification of decisions and judgments, where no email address has been provided the Court has exceptionally decided to notify the applicants about decisions and judgments adopted by its Chamber and Committee judicial formations only via its HUDOC database. Decisions adopted by the Single Judge will be notified only to those applicants who have provided an email address. Prior to contacting the Court about the state of the proceedings in a case, applicants are encouraged to consult the Court’s State of Proceedings search tool for further information.
Grand Chamber
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New procedural steps in Crimea inter-State case
22/03/2023The ECHR has taken further decisions regarding the next procedural steps in the inter-State case Ukraine v. Russia (Crimea) concerning Ukraine’s allegations of a pattern (“administrative practice”) of violations of the European Convention by the Russian Federation in Crimea beginning in February 2014.
After completion of the written procedure, the Court has informed the parties that it would serve the interests of the proper administration of justice that the Court hold a hearing on the admissibility and merits in the case, and has provisionally scheduled this to be held on 8 November 2023.
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Third-party intervention requests in an Inter-State case
17/03/2023
There are in total 31 third-party interveners in the recently joined case Ukraine and the Netherlands v. Russia.
This Inter-State case covers complaints concerning the Russian military operations in Ukraine since 24 February 2022 and the conflict in eastern Ukraine involving pro-Russian separatists which began in 2014, including the downing of Flight MH17.
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Hearings
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Grand Chamber hearing concerning Germany
01/03/2023
The Court held a Grand Chamber hearing in the case of Humpert and Others v. Germany.
The case concerns the sanctions imposed on the applicants, teachers with civil-servant status, for going on strike in order to improve their working conditions.
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Hearings in March
22/02/2023
In March 2023, the Court will be holding three Grand Chamber hearings.
The case Humpert and Others v. Germany concerns the sanctions imposed on the applicants, teachers with civil-servant status, for going on strike in order to improve their working conditions.
The applicants in the case Verein KlimaSeniorinnen Schweiz and others v. Switzerland, a Swiss association and its members, complain that the State has failed to introduce suitable legislation and to put appropriate and sufficient measures in place to attain the targets for combating climate change.
The case Carême v. France concerns a complaint by an inhabitant and former mayor of the municipality of Grande-Synthe, who submits that France has taken insufficient steps to prevent climate change and that this failure entails a violation of the right to life and the right to respect for private and family life.
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Official visits
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Visit by the Court of Justice of the Economic Community of West African States
17/03/2023
On 16 March 2023, a delegation of the Court of Justice of the Economic Community of West African States (ECOWAS), led by its President Edward Amoako Asante, visited the Court and was received by President Síofra O’Leary. The delegation took part in roundtable discussions with Arnfinn Bårdsen, Section President of the Court, judge elected in respect of Norway, and members of the Registry.
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Visit by delegations from the French Senate
17/03/2023
A delegation of the Laws Committee of the French Senate, headed by its President François-Noël Buffet, and a delegation of the Committee on European Affairs of the French Senate, headed by its President Jean-François Rapin, paid a working visit to the European Court of Human Rights on 13 March 2023. These delegations took part in roundtable discussions with President Síofra O’Leary and other judges of the Court.
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Chamber
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Judgment concerning Türkiye
21/03/2023In the case of Telek and Others v. Türkiye the Court held that there had been a violation of the right to respect for private life in respect of the three applicants and a violation of the right to education in respect of the two applicants.
The case concerned the withdrawal of the three academics’ passports in connection with their dismissal from the civil service following the state of emergency declared after the attempted coup d’état in Türkiye in 2016.
The Court found that the cancellation of the three applicants’ passports by acts of the executive, in the context of the state of emergency, had been open to arbitrariness and had not satisfied the requirement of lawfulness. As to the right to education, the Court found that the European Convention imposed an obligation on the member States not to hinder without due justification the exercise of that right in the form of higher education courses in relevant institutions abroad.
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Other Information
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The ECHR clarifies third-party intervention
20/03/2023
The ECHR has published a new version of the Rules of Court, which incorporates amendments concerning the third-party intervention. In parallel, new guidelines (a Practice Direction) have been issued by the President of the Court with a view to clarifying the manner in which third parties can intervene, in particular as concerns time-limits for making written submissions, the content and scope of such submissions, and the way in which the Court uses them when examining cases.
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Events
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Final of the René Cassin competition 2023
17/03/2023
The 38th René Cassin advocacy competition, consisting of mock legal proceedings in French based on the European Convention on Human Rights and open to students of law and political science, will be held at the Council of Europe from 21 to 25 March 2023.
The two most successful teams will meet in the final, to be held in the Court’s hearing room on 24 March 2023 at 2 p.m., before a panel of prominent figures including judges of the Court and academics.
Concours Cassin (in French only)
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Delivered Judgments & Decisions
21/03/2023