果冻影院

Professor George Letsas, Vice Dean (International) and Professor of the Philosophy of Law at 果冻影院 Faculty of Laws, was cited in聽the judgment of聽Burmych and others v. Ukraine and in the聽 Satakunnan Markkinap枚rssi Oy and Satamedia Oy v.聽Finland.

In the recent landmark judgment of聽聽(12 October 2017), the Grand Chamber of the聽聽decided, by 10 votes to 7, to strike out of its list all pending applications against Ukraine under its pilot judgment procedure. The Court transmitted these cases to the Committee of Ministers to be聽dealt within the framework of the general measures of execution.聽In a very emphatic dissenting opinion, seven judges argued that the judgment 鈥渋s without legal basis in the Convention, it throws thousands of desperate people into a legal limbo and undermines the protection of human rights of the Convention鈥�. The dissenting judges cited Professor Letsas鈥檚 work with respect to the doctrine that the ECHR rights must be practical and effective.

In an earlier Grand Chamber judgment,聽, judges Andr谩s Saj贸 and I艧谋l Karaka艧 dissented on whether Finland enjoys a margin of appreciation with respect to prohibiting media from publishing personal tax data. They argued that 鈥渦nder the guise of ill-defined and diffuse privacy interests, considerations of a general interest in taxpayers鈥� privacy are being used, firstly, to limit a law that made such information public, and secondly, to curtail the right of journalists to impart information to the public. What is worse, this restriction was not examined under the level of stricter scrutiny required by Article 10 (2)鈥�. The dissenting judges cited Professor Letsas鈥檚 work on the margin of appreciation.

Professor Letsas said:

鈥楾hese two recent Grand Chamber judgments聽are significant, and in my view alarming, as they signal a direction towards a more deferential stance on the part of the European Court of Human Rights.

Both in terms of substance and in terms of process, they chip away at the right of individuals to have their complaint properly scrutinized by the European Court of Human Right. The dissents are rightly alerting to this danger and it is very welcoming that they draw on academic literature.鈥�