This blog is hosted on Ideas on EuropeIdeas on Europe Avatar

Tag Archives: ECHR

Excessive formalism: the sequel

Published on by

Following yesterday’s post on (excessive) formalism in the Van der Heijden case, there’s another case from April that suffers from the same curiosity. In Boulois v. Luxembourg, the applicant was slapped down in his attempt to get the Court to recognise his right of access to court on the grounds that the right he was […]

Posted in Law & Justice | Tagged | Comments Off on Excessive formalism: the sequel

The Human Right to Common-Law Marriage

Published on by

In April, I wrote a little rant about that month’s CJEU and ECtHR case law. (Favour for a tweep, the – Dutch – text is here.) One of the cases that I broadsided was Van der Heijden v. the Netherlands, which I praised for “declining to introduce common-law marriage by judicial fiat. Now ignoring the […]

SGP v. The Netherlands

Published on by

The ECtHR judgement, earlier this month, in SGP v. the Netherlands is an amazing illustration of the glories of legal messiness and Dutch poldermodel lawyering. Unfortunately, though predictably, it ends with a bit of a fizz. The facts, in a nutshell: The Staatkundig Gereformeerde Partij is the most orthodoxly Christian party in the Netherlands, and also our […]

Holocaust defamation

Published on by

OK, it’s time to do some serious thinking about free speech and defamation. Who should prove what and how? Just a little bit of background, especially for the non-lawyers: I’ve been reading Deborah Lipstadt‘s book about the defamation suit brought against her by the (in)famous Holocaust-denier David Irving. He didn’t appreciate being called a Holocaust […]

What if you didn’t even notice?

Published on by

What if the government violated your rights, and nobody noticed? What if the government violated your rights, and you didn’t even notice? If a tree falls in a forest, and there’s nobody there to hear it, did it really make a sound? The reason for these ruminations is the recent European Court for Human Rights […]

Vatican Courts

Published on by

The Worden Report asks an excellent question about the Vati-leaks case: What exactly are we meant to think about a criminal trial in Vatican courts concerning a crime where the Pope himself is both the victim and the sole ruler of the country? While I have very little to add to dr. Worden’s general analysis, it […]

UACES and Ideas on Europe do not take responsibility for opinions expressed in articles on blogs hosted on Ideas on Europe. All opinions are those of the contributing authors.