Swearing-in of a new judge in the European Court of Human Rights

The Judge elected in respect of Slovenia, Vasilka Sancin, was formally sworn in in the Court's Main Hearing Room. 

The judges are elected by the Parliamentary Assembly of the Council of Europe from lists of three candidates proposed by each State. They are elected for a non-renewable term of nine years.

Although judges are elected in respect of a State, they hear cases as individuals and do not represent that State. They are totally independent and cannot engage in any activity that would be incompatible with their duty of independence and impartiality.

Read as well: Delays in national courts lead to violations of right to a fair trial (ECtHR)

Comments

Post a Comment

Popular posts from this blog

ECtHR Judgement against Greece: Disclosure of the identities and medical data of prostitutes diagnosed with HIV was a breach of their right to private life

Image
The case of O.G. and Others v. Greece (applications nos. 71555/12 and 48256/13) concerned the publication, by decision of the domestic authorities, of medical data concerning prostitutes who had been diagnosed as HIV-positive, and media coverage of them. It also concerned the circumstances in which they were required to undergo a blood test.  In Chamber 's judgment(23.1.2024) in this case the European Court of Human Rights held, unanimously, that there had been two violations:  -A violation of Article 8 (right to respect for private life) of the European Convention on Human Rights, with regard to two applicants, on account of the blood tests they had been required to undertake.  The Court considered that the blood samples imposed on two applicants had amounted to an interference with their private life and noted that this had not been in accordance with the law within the meaning of Article 8 of the Convention, given that the provisions of domestic law in issue ought to h...
Read more

Landmark Murder Conviction for Illegal Street Racing in Germany

Image
Following a fatal illegal street race in Ludwigsburg in March 2025, the Stuttgart District Court (LG Stuttgart) has issued a landmark ruling. The primary defendant was sentenced to life imprisonment for murder, while his brother received 13 years for attempted murder. The race resulted in the deaths of two innocent young women when their vehicle was rammed at speeds exceeding 130 km/h in a 50 km/h zone. Intent vs. Negligence The core of the legal debate centered on the definition of intent. The defense argued for "negligent homicide," claiming the defendants never intended to kill anyone. The court applied the principle of eventual intent (dolus eventualis). It ruled that by racing at extreme speeds in a residential area, the defendants recognized the life-threatening danger and "accepted" the possibility of a fatal outcome in pursuit of the thrill of the race. The ruling utilizes Section 315d of the German Criminal Code (StGB), known as the "Raserparag...
Read more

Cyprus Family Law: Spouse's claim for contribution in post-marital acquisitions

Image
by Giorgos Kazoleas, Lawyer* The regulation of property issues between spouses after divorce or separation is one of the main problems and is most commonly related with the issue of the contribution of one spouse to the increase in the other’s property. According to Cypriot Family Law, in the event that the marriage is dissolved or annulled, or in the event of separation of the spouses, in case the property of one spouse has increased, the other spouse, if he/she contributed in any way to this increase, is entitled to bring an action before the Court and demand the return of the part of the increase that comes from his/her own contribution.[1] The contribution of one spouse to the increase in the property of the other is presumed to amount to one third of the increase, unless a greater or lesser contribution is proven.[2] “Contribution” means any form of contribution by the spouses to the acquisition or creation of property and includes the care of the family home and family memb...
Read more

Daily Mail publisher wins case against ‘success fees’ paid to lawyers (ECtHR)

Image
Obligation on publisher of the Daily Mail to pay substantial “success fees" in defamation and breach of privacy cases was excessive. The case Associated Newspapers Limited v. the United Kingdom (application no. 37398/21) concerned the fact that Associated Newspapers Limited the publisher of the Daily Mail and the Mail on Sunday had been obliged to pay extensive costs incurred by claimants who had successfully sued it in privacy and/or defamation proceedings following articles it had published in print or online in 2017 and 2019.  Since one of the claimants had entered into a conditional fee arrangement (CFA) with his legal representative, and both had taken out “after-the-event” (ATE) insurance, Associated Newspapers Limited had been liable not only for their base costs, but also for fee uplifts including the “success fee” in the CFA and for their ATE insurance premiums.  In Chamber judgment (12.11.2024) in the case, the European Court of Human Rights held, unanimously, that t...
Read more

Woman ordered to psychiatric detention without proper assessment of her mental health, breaching the ECHR

Image
In Chamber's judgment in the case of M.B. v. Spain (application no. 38239/22) the European Court of Human Rights held, unanimously, that there had been a violation of Article 5 § 1 (right to liberty and security) of the European Convention on Human Rights.  The case concerned Ms M.B.’s pre-trial detention and later confinement in a prison psychiatric hospital in February 2020, following her burning down the flat she had been living in. The Court found in particular that the Spanish courts had not reassessed M.B.’s state of mental health when the order had been given, and had not adequately scrutinized the reports on her health or assessed whether her condition had actually warranted compulsory confinement. Overall, the security order had not met the minimum conditions necessary to comply with the Convention. Principal facts  The applicant, M.B., is a Moroccan national who was born in 1978. M.B. suffers from paranoid schizophrenia. In March 2018 she was arrested by the police f...
Read more

Fully-funded PhD position in AI, Law and Public Power

Image
Erasmus University Rotterdam School of Law, department Law & Markets, is looking for a fulltime PhD researcher in AI, Law and Public Power (4,5 years with 20% teaching tasks). PhD AI, Law and Public Power Are you curious about how artificial intelligence is changing state actor powers? Do you want to conduct critical and in-depth legal research at the intersection of technology, law and power? And would you like to combine that with academic teaching? Then this PhD position at Erasmus School of Law is for you. Within the Law & Markets team, you will spend 4.5 years researching the legal regulation of AI in the public sector. How do we protect fundamental rights when algorithms help decide on who receives public benefits, how to perform enforcement or how to enact environmental policy? What is the role of the state, and where is the limit of government power in a data-driven society? You will have plenty of space to choose your own research angle and work in a multidisci...
Read more

EU Court: Le Pen Must Repay Undue Funds

Image
In its Judgment (16.7.2025) in Case T-480/24 (Le Pen and Others v Parliament ), the General Court of the European Union upheld the decision of the European Parliament to recover sums unduly received by Jean-Marie Le Pen. In 2024, Jean-Marie Le Pen brought an action before the General Court of the European Union seeking annulment of the decision of the Secretary-General of the European Parliament. By that decision, he was asked to repay €303 200.99, a sum considered to have been wrongly received. According to the Parliament, Mr Le Pen had improperly invoiced personal expenses [1] under budget item 400, intended for MEPs’ parliamentary expenses. [2]  In his action, Mr Le Pen claimed infringement of the principles of legal certainty and legitimate expectations and infringement of his right to a fair trial. The former MEP also sought annulment of the debit note issued against him and an order that the Parliament pay the costs. Following the death of Mr Le Pen on 7 January 2025, his dau...
Read more