70 years of the European Convention on Human Rights

The European Convention on Human Rights, signed in Rome on 4 November 1950, was the first instrument to crystallise and give binding effect to the rights set out in the Universal Declaration of Human Rights. 

It lays down absolute rights which can never be breached by the States, such as the right to life or the prohibition of torture, and it protects certain rights and freedoms which can only be restricted by law when necessary in a democratic society, for example the right to liberty and security or the right to respect for private and family life.

A number of rights have been added to the initial text with the adoption of additional protocols, concerning in particular the abolition of the death penalty, the protection of property, the right to free elections or freedom of movement. (ECHR)

The updated text of the Convention is available here

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Editorial

Editorial
George Kazoleas, Lawyer

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Ombudsman inquiry on Commission President’s text messages is a wake-up call for EU

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The European Ombudsman inquiry into the Commission’s handling of a request for text messages between its President and the CEO of a pharmaceutical company is a wake-up call for all EU institutions about ensuring accountability in an era of instant messaging. One year after the initial request by a journalist, the Commission has still not clarified whether messages reported to concern major vaccine procurement deals exist and whether the public is entitled to see them. The Ombudsman had asked the Commission, in a finding of maladministration in January, to conduct a more thorough search for the text messages. The Commission’s recent response failed to say whether it had looked directly and correctly for the text messages and if not, why not. While the response recognised that work-related text messages can be EU documents, it reiterated that the Commission’s internal policy is, in effect, not to register text messages. The Ombudsman has closed  the inquiry  and upheld...
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Intellectual property: the figurative sign consisting of the phrase ‘RUSSIAN WARSHIP, GO F* *K yourself’ in Russian and English cannot be registered as an EU trade mark

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In its Judgment in Case T-82/24 (Administration of the State Border Guard Service of Ukraine v EUIPO) (RUSSIAN WARSHIP, GO F**K YOURSELF) the General Court ruled that the figurative sign consisting of the phrase ‘RUSSIAN WARSHIP, GO F* *K yourself’ in Russian and English cannot be registered as an EU trade mark. That phrase, which has become a symbol of Ukraine’s fight against Russian aggression, is not perceived as an indication of a commercial origin.  The Administration of the State Border Guard Service of Ukraine (Kyiv, Ukraine) requests the General Court of the European Union to annul the decision of the European Union Intellectual Property Office (EUIPO) of 1 st December 2023, which refused registration of the following figurative sign as an EU trade mark: ‘RUSSIAN WARSHIP, GO F* *K yourself’ That mark is a war cry uttered by the Ukrainian border guard on Snake Island on 24th February 2022, the first day of the full-scale Russian invasion of Ukraine. Registration was sou...
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Prohibiting contact between children and their mother in custody and contact rights case was unjustified (ECtHR)

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The case of X and Others v. Slovenia (application nos. 27746/22 and 28291/22) concerned custody decisions and contact rights following the separation of X from her children’s father in 2018. It also concerned the reassignment of X’s court case to a particular judge.  In Chamber's judgment in the case, the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights, as regards X’s right to a tribunal established by law, and violations of Article 8 (right to respect for private and family life) with respect both to:  - the applicant children, as regards the order to remove them from X’s (their mother’s) care in March 2020, their not being represented in the contact and custody proceedings, and their not being allowed contact with their mother;  - X, for not being allowed contact with her children.  The Court found in particular that the President of the District Co...
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ECtHR elects a new Vice-President of the Court and two new Section Presidents

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The European Court of Human Rights has elected on 23.9.2024 a new Vice-President of the Court – Judge Ivana Jelić (elected in respect of Montenegro). She will take up her duties on 1 November 2024.  The Court has also elected at the same date two new Section Presidents – Judges Lado Chanturia (elected in respect of Georgia) and Ioannis Ktistakis (elected in respect of Greece). They will also take up their duties on 1 November 2024. Ivana Jelić was born on 17 March 1975 in Podgorica, Montenegro and was elected Judge of the European Court of Human Rights on 12 July 2018. Lado Chanturia was born on 14 April 1963 in Tsalenjikha, Georgia, was elected Judge of the European Court of Human Rights on 8 January 2018 and is Vice-President of Section since 18 May 2023. Ioannis Ktistakis was born on 3 January 1971 in Thebes, Greece and was elected Judge of the European Court of Human Rights on 8 March 2021. (source/photo: echr.coe.int) Read more here
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A holding by purely financial investors in a law firm may be prohibited (CJEU)

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The EU Court of Justice ruled in Case C-295/23 (Halmer Rechtsanwaltsgesellschaft) that a holding by purely financial investors in a law firm may be prohibited. Such a prohibition is justified in order to ensure the independence of lawyers.  A Member State may prohibit holdings by purely financial investors in the capital of a law firm. Such a restriction on the freedom of establishment and the free movement of capital is justified by the objective of ensuring that lawyers can exercise their profession independently and in compliance with their professional conduct obligations.  The German law firm Halmer Rechtsanwaltsgesellschaft is challenging before the Higher Bavarian Lawyers’ Court (Germany) a decision of the Munich Bar Association of 9 November 2021 which revoked its registration with the bar association on account of the fact that an Austrian limited liability company acquired shares [1] in it for purely financial purposes. Under the German legislation applicable at the ...
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European Data Protection Board clarifies rules for data sharing with third country authorities and approves EU Data Protection Seal certification

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During its latest plenary, the European Data Protection Board (EDPB) published  guidelines on Art.48 GDPR  about data transfers to third country authorities and  approved a new European Data Protection Seal. Αs stated in a press release from the EDPB, in a highly interconnected world, organisations receive requests from public authorities in other countries to share personal data. The sharing of data can, for instance, be of help to collect evidence in the case of crime, to check financial transactions or approve new medications. When a European organisation receives a request for a transfer of data from a ‘third country’ (i.e. non-European countries) authority, it must comply with the General Data Protection Regulation (GDPR). In its guidelines, the EDPB zooms in on Art. 48 GDPR and clarifies how organisations can best assess under which conditions they can lawfully respond to such requests. In this way, the guidelines help organisations to make a decision on whether...
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GDPR and rail transport: A customer’s gender identity is not necessary data for the purchase of a transport ticket

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In its judgment in Case C-394/23 (Mousse) the EU Court of Justice ruled that a rail transport customer’s gender identity is not necessary data for the purchase of a transport ticket. The collection of data regarding customers’ titles is not objectively indispensable, in particular where its purpose is to personalise commercial communication.  The association Mousse challenged, before the French data protection authority (the CNIL), [1] the practice of the French railway undertaking SNCF Connect whereby the latter systematically requires its customers to indicate their title (‘Monsieur’ or ‘Madame’) (‘Mr’ or ‘Ms’) when purchasing transport tickets online. That association takes the view that that requirement infringes the General Data Protection Regulation (GDPR), [2] in particular in the light of the principle of data minimisation, because an indication of the title, which corresponds to a gender identity, does not appear to be necessary for the purchase of a rail transport ticket....
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