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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 …

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 …

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 …

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). …

On 7 October 2021, the European Commission released the results of its sixth evaluation of the Code of Conduct on countering illegal hate speech online. Since the introduction of the Code of Conduct on countering illegal hate speech online on 31 May 2016 (→ …

On 6 October 2021, the CJEU decided that a Member State may require its nationals, on pain of sanctions, to carry a valid identity card or passport when travelling to another Member State, irrespective of the means of transport used and the route. In the …

On 6 October 2021, Advocate General (AG) Saugmandsgaard Øe presented his opinion in Joined Cases C-368/20 and C-369/20. According to the AG, “a Member State faced with persistent serious threats to public policy or internal security may reintroduce controls at its internal borders for …

On 27 July 2021, the European Data Protection Supervisor (EDPS) published his Opinion on the European Commission’s proposal for a “Council regulation on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing Regulation (EU) …

In August 2021, a study assessing the ethical aspects of biometric recognition and behavioural detection techniques with a focus on their current and future use in public spaces was released. The study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and …

On 6 October 2021, the European Parliament (EP) adopted a resolution regarding artificial intelligence (AI) in criminal law and its use by the police and judicial authorities in criminal matters. The resolution was adopted by 377 to 248 votes with 62 abstentions.According to the …