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CCPE: Opinion on the Practical Independence of Prosecutors
29 January 2022
Dr. András Csúri
On 25-26 November 2021, the Consultative Council of European Prosecutors (CCPE) adopted Opinion No. 16 (2021) regarding the implications of decisions of international courts and treaty bodies on the practical independence of prosecutors. The Opinion is designed to guide States’ judicial and prosecutorial reforms …
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Council of Europe
Human Rights Issues
CEPEJ: Action Plan on the Digitalisation of Justice
29 January 2022
(updated 3 years, 10 months ago)
Dr. András Csúri
in Issue
4/2021
On 8-9 December 2021, the European Commission for the Efficiency of Justice (CEPEJ) adopted an Action Plan on digitalisation for a better justice. The four-year plan aims to reconcile the efficiency of new technologies and respect for fundamental rights (in particular Art. 6 ECHR), …
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Council of Europe
Human Rights Issues
ECtHR: Judicial Reform in Ukraine Seriously Undermined Independence of the Judiciary
17 November 2021
Dr. András Csúri
Following judicial reforms in Ukraine, the ECtHR dealt with the independence of the Ukrainian judiciary in a chamber judgment in the case of Gumenyuk and others v. Ukraine on 22 July 2021. The case concerned eight judges of the former Supreme Court of Ukraine, elected …
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Council of Europe
Human Rights Issues
ECtHR: Disciplinary Chamber of the Polish Supreme Court in Breach of the ECHR
17 November 2021
Dr. András Csúri
On 22 July 2021, the ECtHR held in a chamber judgment in Reczkowicz v. Poland that the Disciplinary Chamber of the Polish Supreme Court is not a tribunal established by law within the meaning of the ECHR. The case is one of 38 applications against …
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Council of Europe
Human Rights Issues
ECtHR: Right of Access to a Court in Respect of Administrative Decisions
17 November 2021
Dr. András Csúri
On 20 July 2021, the ECtHR held in a chamber judgment in Loquifer v. Belgium that the right of access to a court (Art. 6 § 1 ECHR) in respect of administrative decisions implies the possibility of remedy by a judicial body. The case involved …
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Council of Europe
Human Rights Issues
New Factsheet on ECtHR Case Law on Independence of Justice
17 November 2021
Dr. András Csúri
On 28 July 2021, the ECtHR published a new factsheet on the independence of justice systems (available in English and French). The cases are broken down as follows:Key aspects of independence and the right to a fair trial;Independence criteria for a “tribunal …
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Council of Europe
Human Rights Issues
ECtHR: New Website for Applicants
17 November 2021
Dr. András Csúri
The European Court of Human Rights (ECtHR) has launched a new website for applicants. It is available in all official languages of the CoE Member States. The site clearly explains the formalities of the application process, the admissibility requirements, and the procedure before the …
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EU
Human Rights Issues
Protocol No. 15 to ECHR Enters into Force
17 November 2021
Dr. András Csúri
On 1 August 2021, Protocol No. 15 (adopted in 2013) amending the ECHR, entered into force. The Protocol amends the Preamble to the Convention, which now includes a reference to the subsidiarity principle and to the margin of appreciation doctrine (→eucrim 1/2021 p.39). …
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Council of Europe
Human Rights Issues
Human Rights Commissioner: 2020 Activity Report
7 July 2021
Dr. András Csúri
On 21 April 2021, the Council of Europe Commissioner for Human Rights, Dunja Mijatović, published her 2020 annual activity report, which covers the main problems, challenges, and opportunities European countries are facing in the field of human rights. In the current global context, …
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Council of Europe
Human Rights Issues
Ambiguous Position of Italian Constitutional Court on Life Imprisonment
4 May 2021
Lucia Parlato
On 15 April 2021, the Italian Constitutional Court ruled on the constitutionality of life imprisonment. The main issue concerned the possibility of granting release on licence to convicted criminals sentenced to life imprisonment for very severe offences.
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Human Rights Issues
Organised Crime
Human Rights Commissioner: Annual Activity Report
24 August 2020
Dr. András Csúri
On 21 April 2020, The Council of Europe Commissioner for Human Rights, Dunja Mijatović, published her 2019 annual activity report covering the main problems, challenges, and opportunities European countries are facing in the field of human rights. In the current context, the Commissioner particularly …
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Council of Europe
Human Rights Issues
CoE Report: Policing Regarding Hate Speech and Racism in Germany
4 June 2020
Thomas Wahl
On 17 March 2020, the European Commission on Racism and Intolerance (ECRI) published a report on Germany. The report focuses on (1) effective equality and access to rights; (2) hate speech and hate-motivated violence; (3) integration and inclusion.
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Council of Europe
Human Rights Issues
EU Action Plan on Promotion of Human Rights and Democracy in the World
26 April 2020
Thomas Wahl
On 25 March 2020, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy (HR/VP) presented their plans for the future EU policy on strengthening human rights and democracy in the EU’s external actions. The package presented to the …
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EU
Fundamental Rights
Human Rights Issues
Council Updates EU Guidelines Against Torture and Ill-Treatment
11 January 2020
Thomas Wahl
On 16 September 2019, the Council adopted revised Guidelines on EU policy towards third countries on torture and other cruel, inhuman, or degrading treatment or punishment. The purpose of the Guidelines is to provide practical guidance to EU institutions and Member States, which can be …
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EU
Fundamental Rights
Human Rights Issues
Council: EU Should Accede to ECHR
11 January 2020
(updated 6 years, 8 months ago)
Thomas Wahl
At their Council meeting on 7 October 2019, the ministers of justice of the EU Member States reaffirmed the EU’s commitment to acceding to the European Convention on Human Rights (ECHR). The ministers also agreed to supplementary negotiating directives. They will be addressed to …
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EU
Fundamental Rights
Human Rights Issues
Annual Activity Report by Human Rights Commissioner
3 June 2019
Dr. András Csúri
On 8 April 2019, the Commissioner for Human Rights, Dunja Mijatović, presented her first annual activity report before the Parliamentary Assembly.
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Council of Europe
Human Rights Issues
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