Strasbourg

One of the Keys to the ECtHR Problems

It is sometimes forgotten that every international institution is made up of people – lawyers, judges, assistants, policy makers. The European Court of Human Rights (ECtHR) is not an exception; it is built up of professional lawyers who go through extremely competitive selection procedures. The Court is careful in selecting its staff. The Court elected(…)

Banning Speech in the Public Space: Grand Chamber Agrees

We are delighted to welcome this guest post by Rónán Ó Fathaigh. Rónán is a PhD candidate at Universiteit Gent, Belgium, researching the right to freedom of expression and the chilling effect doctrine. Rónán is a graduate of NUI, Galway, and has previously worked as a legal researcher with RTÉ Solicitors’ Office. In January 2011, the First Section of(…)

Moving Towards Modern Legislation on Legal Capacity in Ireland

The Centre for Disability Law and Policy recently prepared a submission to the Oireachtas Justice Committee on the Scheme of proposed legislation that will radically overhaul Irish law on legal capacity.  The full submission is available here. The core message of the submission was that the fields of mental health law, non-discrimination, and legal capacity(…)

The UK Supreme Court and the right of access to a lawyer in Scotland

The UK Supreme Court has found in  Cadder v Her Majesty’s Advocate that the use of material obtained in a police interview in Scotland without legal representation is in breach of Article 6(1) and 6(3)(c) of the ECHR. Under the Criminal Procedure (Scotland) Act 1995, a police constable may detain a person whom he has(…)

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