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Human Rights

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“Despite our Differences” – The Book

During the last four years, the blog “Despite our Differences” was a relevant source of comments and developments for the community of EU lawyers. It covered important events like Brexit, the Court’s growing case-law on fundamental rights, the rule of law crisis or the reform of the EU judiciary. Thousands of readers followed regularly the posts and shared them. Now that the...

Limonov v. Russia and the Protection of Political Criticism Under the ECHR

In its final judgment in the case Savenko (Limonov) v. Russia (Application no. 29088/08), delivered this week, the European Court of Human Rights (ECtHR) continues to elaborate its jurisprudence on the boundaries of the freedom of expression in the context of political criticism. The ECtHR found that Russian courts violated Article 10 of the European Convention on Human Rights (ECHR) because they...

European Arrest Warrant, the Procedural-Substantive Criminal Law Dualism and the Principle of Legality. Another Brick in the Wall?

Valtònyc is a 25 year old rapper who was sentenced to three years of prison in Spain in 2018 for glorification of terrorism and humiliation of the victims of terrorism (among other charges) through his lyrics. He fled to Belgium after being sentenced, and the Spanish authorities issued a European Arrest Warrant to have him extradited back to Spain. The case is now pending a preliminary ruling...

ECtHR: Russian Did Not Breach the Convention in Refusing Requests From Persons Struggling with Addiction for Methadone Replacement Therapy

The ECtHR published yesterday its judgment in the case of Abdyusheva and Others v. Russia (application no. 58502/11), where it found no violation Article 8 of the Convention (right to respect for private life). The case concerned the applicants’ requests to be prescribed replacement therapy for their opioid use. The substances requested by the applicants as substitutes for opioid products, namely...

Paid Annual Leave and Collective Agreements after the TSN Judgment (C-609/17 and C-610/17)

TSN (Joined Cases C-609/17 and C-610/17), delivered by the Court of Justice earlier this week and already analysed in EU Law Live here, is a rather surprising judgment. It partly restricts the effects of earlier case law, such as Bauer and Willmeroth and Max-Planck. In those cases Article 31 of the Charter on the right to fair working conditions, including paid annual leave, was held to apply to...

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