What should be done about that, and how, is, of course, an entirely different story, but I would be extremely careful when defending a court that both the ECtHR and the CJEU found to be unlawfully staffed and lacking independence.
October 30, 2026 at 9:28 PM
What should be done about that, and how, is, of course, an entirely different story, but I would be extremely careful when defending a court that both the ECtHR and the CJEU found to be unlawfully staffed and lacking independence.
The kind of cases that involve the dissolution of entire organisations are treated by the European Court as extreme. A submission from Amnesty International says they're unaware of any instance where the ECtHR has supported dissolving a group for taking part in criminal damage
November 4, 2026 at 3:06 PM
The kind of cases that involve the dissolution of entire organisations are treated by the European Court as extreme. A submission from Amnesty International says they're unaware of any instance where the ECtHR has supported dissolving a group for taking part in criminal damage
So happy to see this out! Charlotte's work comprehensively traces decades of anti-trans newspaper discourse and how it is used to argue for the UK's withdrawal from the EU, ECtHR and Human Rights Act, and more broadly, to undermine equality and human rights for all marginalised and minority groups.
Last night we launched a set of resources - a timeline and report “How Anti-Trans Media Undermines Human Rights and Equality for Everyone”, written by me and @ashstokoe.bsky.social, with the support of @transmediawatch.bsky.social
Resources available here: epapers.bham.ac.uk//id/eprint/4... (1/7)
Resources available here: epapers.bham.ac.uk//id/eprint/4... (1/7)
November 4, 2026 at 12:05 PM
So happy to see this out! Charlotte's work comprehensively traces decades of anti-trans newspaper discourse and how it is used to argue for the UK's withdrawal from the EU, ECtHR and Human Rights Act, and more broadly, to undermine equality and human rights for all marginalised and minority groups.
... against the explicit purpose of an ECtHR mandated law put in place solely to allow a change of legal sex “for all purposes”.
October 30, 2026 at 12:58 PM
... against the explicit purpose of an ECtHR mandated law put in place solely to allow a change of legal sex “for all purposes”.
Reading the detail the respondents in the case went into is so heartening as previous cases seemed to have missed a lot of history- Like mentioning that when defending against the ECtHR (pre-GRA) they used that we could already access most women's spaces as a reason a GRA would not be necessary.
November 4, 2026 at 7:39 PM
Reading the detail the respondents in the case went into is so heartening as previous cases seemed to have missed a lot of history- Like mentioning that when defending against the ECtHR (pre-GRA) they used that we could already access most women's spaces as a reason a GRA would not be necessary.
Once you integrate European law obligations, CJEU - and ECtHR - findings + EU law doctrines (primacy, etc) in the mix, current discussion about legislative basis seems very peculiar esp since current 🇵🇱CT is an unconstitutional abomination. Perhaps too much old-fashioned positivism/formalism indeed 😬
November 4, 2026 at 7:07 AM
Once you integrate European law obligations, CJEU - and ECtHR - findings + EU law doctrines (primacy, etc) in the mix, current discussion about legislative basis seems very peculiar esp since current 🇵🇱CT is an unconstitutional abomination. Perhaps too much old-fashioned positivism/formalism indeed 😬
Should the ECtHR reject the application from 4 elected-but-not-oath-sworn judges and tell them they can't ask to be admitted to something that isn't a court? ;-)
November 2, 2026 at 8:55 AM
Should the ECtHR reject the application from 4 elected-but-not-oath-sworn judges and tell them they can't ask to be admitted to something that isn't a court? ;-)
Indeed, the UK government itself used the fact that lived gender was routinely taken into account in ward placement as part of its *defence* in the ECtHR case of I vs UK (2002) - a case that was heard and decided in parallel with Goodwin.
October 30, 2026 at 12:50 PM
Indeed, the UK government itself used the fact that lived gender was routinely taken into account in ward placement as part of its *defence* in the ECtHR case of I vs UK (2002) - a case that was heard and decided in parallel with Goodwin.
I tuned in to the first gathering of the niuTK yesterday, and there wasn't any EU law / ECtHR there, just your usual Polish formalism. Maybe it's a generational thing? We need more young lawyers in high places.
November 4, 2026 at 7:01 AM
I tuned in to the first gathering of the niuTK yesterday, and there wasn't any EU law / ECtHR there, just your usual Polish formalism. Maybe it's a generational thing? We need more young lawyers in high places.
Crucial ECHR judgments on pushbacks due 24th November
lnkd.in/p/eXiuzeBt
lnkd.in/p/eXiuzeBt
On 24 November at 10:30 CET, the ECtHR Grand Chamber will deliver its judgments in 3 of the most important asylum cases of the past few years.
And this will have massive implications for EU… | Riccar...
On 24 November at 10:30 CET, the ECtHR Grand Chamber will deliver its judgments in 3 of the most important asylum cases of the past few years.
And this will have massive implications for EU policymak...
lnkd.in
October 30, 2026 at 9:16 PM
Crucial ECHR judgments on pushbacks due 24th November
lnkd.in/p/eXiuzeBt
lnkd.in/p/eXiuzeBt
1. The Polish Constitutional Tribunal is not a lawful court
The CJEU has ruled that it is not a tribunal previously established by law, owing to serious irregularities in the appointment of 3 judges and its President (C-448/23). The ECtHR (Xero Flor v Poland, 2021) and Venice Comm reached same
The CJEU has ruled that it is not a tribunal previously established by law, owing to serious irregularities in the appointment of 3 judges and its President (C-448/23). The ECtHR (Xero Flor v Poland, 2021) and Venice Comm reached same
October 31, 2026 at 7:19 PM
1. The Polish Constitutional Tribunal is not a lawful court
The CJEU has ruled that it is not a tribunal previously established by law, owing to serious irregularities in the appointment of 3 judges and its President (C-448/23). The ECtHR (Xero Flor v Poland, 2021) and Venice Comm reached same
The CJEU has ruled that it is not a tribunal previously established by law, owing to serious irregularities in the appointment of 3 judges and its President (C-448/23). The ECtHR (Xero Flor v Poland, 2021) and Venice Comm reached same
As lawyers, we have a collective responsibility to protect what has been built:
1. Be indignant at the danger of losing our irreplaceable human rights system.
2. Stand in vocal defence of threatened institutions like the ECtHR and ICC.
3. Embed human rights deeply within legal education.
1. Be indignant at the danger of losing our irreplaceable human rights system.
2. Stand in vocal defence of threatened institutions like the ECtHR and ICC.
3. Embed human rights deeply within legal education.
November 4, 2026 at 10:39 AM
As lawyers, we have a collective responsibility to protect what has been built:
1. Be indignant at the danger of losing our irreplaceable human rights system.
2. Stand in vocal defence of threatened institutions like the ECtHR and ICC.
3. Embed human rights deeply within legal education.
1. Be indignant at the danger of losing our irreplaceable human rights system.
2. Stand in vocal defence of threatened institutions like the ECtHR and ICC.
3. Embed human rights deeply within legal education.
1. How far can you bend the rules to restore the rule of law?
2. If rulings of the CJEU and the ECtHR show serious defects in how the Court was composed, can a government take steps to restore its lawfulness?
Our Jakub Jaraczewski spent the weekend on these questions. We'll share some links below.
2. If rulings of the CJEU and the ECtHR show serious defects in how the Court was composed, can a government take steps to restore its lawfulness?
Our Jakub Jaraczewski spent the weekend on these questions. We'll share some links below.
November 2, 2026 at 11:24 AM
1. How far can you bend the rules to restore the rule of law?
2. If rulings of the CJEU and the ECtHR show serious defects in how the Court was composed, can a government take steps to restore its lawfulness?
Our Jakub Jaraczewski spent the weekend on these questions. We'll share some links below.
2. If rulings of the CJEU and the ECtHR show serious defects in how the Court was composed, can a government take steps to restore its lawfulness?
Our Jakub Jaraczewski spent the weekend on these questions. We'll share some links below.
Very poor bothsiding-type opinion that ignores inter alia european law obligations and binding judgments, including repeated violations of these judgments (and recently interim measure by ECtHR) by those taking court hostage
verfassungsblog.de/whose-coup-p...
verfassungsblog.de/whose-coup-p...
Whose Coup?
verfassungsblog.de
November 3, 2026 at 9:10 AM
Very poor bothsiding-type opinion that ignores inter alia european law obligations and binding judgments, including repeated violations of these judgments (and recently interim measure by ECtHR) by those taking court hostage
verfassungsblog.de/whose-coup-p...
verfassungsblog.de/whose-coup-p...
IIRC they also describe trans people being seen as their proper gender as "not a constitutional right" and... yes it is, we're here in the first place because the ECtHR slapped everyone down in 2003 and made you write the GRA in response.
November 1, 2026 at 1:43 PM
IIRC they also describe trans people being seen as their proper gender as "not a constitutional right" and... yes it is, we're here in the first place because the ECtHR slapped everyone down in 2003 and made you write the GRA in response.
Remember when we got the GRA after a lot of campaigning and negotiations from PFC. Then Mandleson got pissed off, so Blair had to introduce the civil partnerships bill. This what thanks originally to Christine Goodwin in ECtHR. We didn't moan at the civil partnerships bill because we're not twats.
November 2, 2026 at 11:01 AM
Remember when we got the GRA after a lot of campaigning and negotiations from PFC. Then Mandleson got pissed off, so Blair had to introduce the civil partnerships bill. This what thanks originally to Christine Goodwin in ECtHR. We didn't moan at the civil partnerships bill because we're not twats.
The Parliamentary Assembly was at the origin of the Convention, and has been its champion ever since, electing the #ECtHR judges, pressing @coe.int states to respect the Court's rulings and advancing #ECHR standards.
Find out more...
pace.coe.int/en/pages/eur...
Find out more...
pace.coe.int/en/pages/eur...
November 4, 2026 at 9:50 AM
The Parliamentary Assembly was at the origin of the Convention, and has been its champion ever since, electing the #ECtHR judges, pressing @coe.int states to respect the Court's rulings and advancing #ECHR standards.
Find out more...
pace.coe.int/en/pages/eur...
Find out more...
pace.coe.int/en/pages/eur...
In the late 1980s, early 90s, I was a mature student and President of my SU, and campaigned with my team against its introduction in Manchester. Too many formerly inclusive groups willing to throw us under the bus after ECtHR already ruled on this matter.
November 1, 2026 at 10:59 PM
In the late 1980s, early 90s, I was a mature student and President of my SU, and campaigned with my team against its introduction in Manchester. Too many formerly inclusive groups willing to throw us under the bus after ECtHR already ruled on this matter.
Opening the Door to Collective Enforcement: Council of Europe Proposals to Secure Payment of ECtHR Awards Against Russia | by Grigory Vaypan
Opening the Door to Collective Enforcement: Council of Europe Proposals to Secure Payment of ECtHR Awards Against Russia
On 30 September 2026, the Parliamentary Assembly of the Council of Europe (PACE) adopted Resolution 2678 (2026) and Recommendation 2315 (2026) that seek to finally move ahead with the implementatio…
www.ejiltalk.org
October 29, 2026 at 6:00 PM
Opening the Door to Collective Enforcement: Council of Europe Proposals to Secure Payment of ECtHR Awards Against Russia | by Grigory Vaypan
Interesting. I wonder how the ECtHR would view the unilateral rigging of appointments and various fun and games that enabled UK govt to ram through transphobia.
Also imo lawyers opposing Brexit gave up far too easily. I'm not at all convinced Brexit was lawful.
notesfrompoland.com/2021/05/07/p...
Also imo lawyers opposing Brexit gave up far too easily. I'm not at all convinced Brexit was lawful.
notesfrompoland.com/2021/05/07/p...
Poland's constitutional court not a "tribunal established by law", rules ECHR
notesfrompoland.com
November 1, 2026 at 6:35 AM
Interesting. I wonder how the ECtHR would view the unilateral rigging of appointments and various fun and games that enabled UK govt to ram through transphobia.
Also imo lawyers opposing Brexit gave up far too easily. I'm not at all convinced Brexit was lawful.
notesfrompoland.com/2021/05/07/p...
Also imo lawyers opposing Brexit gave up far too easily. I'm not at all convinced Brexit was lawful.
notesfrompoland.com/2021/05/07/p...
Mass protests in Europe show dissent is alive. But is the right to protest protected? My article Deterring Dissent? Climate Activism and the Recalibration of Articles 10 and 11 in Recent ECtHR Jurisprudence, explores the cost of protest.
journals.sagepub.com/doi/10.1177/...
journals.sagepub.com/doi/10.1177/...
Deterring Dissent? Climate Activism and the Recalibration of Articles 10 and 11 in Recent ECtHR Jurisprudence - Elmira Uysal Ljapina, 2026
This article examines whether recent jurisprudence of the European Court of Human Rights reflects a recalibration from protection toward deterrence in cases inv...
journals.sagepub.com
October 30, 2026 at 10:06 AM
Mass protests in Europe show dissent is alive. But is the right to protest protected? My article Deterring Dissent? Climate Activism and the Recalibration of Articles 10 and 11 in Recent ECtHR Jurisprudence, explores the cost of protest.
journals.sagepub.com/doi/10.1177/...
journals.sagepub.com/doi/10.1177/...
European rights court finds Turkey subjected judge, prosecutor to degrading treatment in prolonged isolation buff.ly/dj3w8BI
European rights court finds Turkey subjected judge, prosecutor to degrading treatment in prolonged isolation - Stockholm Center for Freedom
The European Court of Human Rights (ECtHR) ruled on Tuesday that Turkey subjected a former senior judge and a prosecutor imprisoned over alleged links to the faith-based Gülen movement to degrading…
buff.ly
November 4, 2026 at 8:00 PM
European rights court finds Turkey subjected judge, prosecutor to degrading treatment in prolonged isolation buff.ly/dj3w8BI
EU law includes the ECHR now, so as well as the CJEU cases on trans rights, this means the case law of the ECtHR is directly applicable in member states. Because of the principle of primacy of EU law lower national courts don’t have to follow superior court judgments if they’re contrary to EU Law.
November 1, 2026 at 10:38 AM
EU law includes the ECHR now, so as well as the CJEU cases on trans rights, this means the case law of the ECtHR is directly applicable in member states. Because of the principle of primacy of EU law lower national courts don’t have to follow superior court judgments if they’re contrary to EU Law.
Istanbul mayor’s detention before the European Court of Human Rights: 3rd party intervention and statement by TLSP, HRW and ICJ highlight a pattern of jailing opposition politicians, preventing participation in elections in Türkiye
→
www.turkeylitigationsupport.com/publications...
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www.turkeylitigationsupport.com/publications...
TÜRKİYE: EUROPEAN COURT TO RULE ON ISTANBUL MAYOR’S DETENTION
TLSP, Human Rights Watch and the International Commission of Jurists submitted a third-party intervention to the ECtHR in Ekrem İmamoğlu’s case, addressing politically motivated detention, electoral r...
www.turkeylitigationsupport.com
November 3, 2026 at 1:37 PM
Istanbul mayor’s detention before the European Court of Human Rights: 3rd party intervention and statement by TLSP, HRW and ICJ highlight a pattern of jailing opposition politicians, preventing participation in elections in Türkiye
→
www.turkeylitigationsupport.com/publications...
→
www.turkeylitigationsupport.com/publications...