Friday, 31 March 2017

New ECHR Readings

At the end of the month a short list of recent ECHR-related writings:

* Fiona de Londras (Birmingham University) and Kanstantsin Dzehtsiarou (Liverpool University) have published 'Mission Impossible? Addressing Non-Execution Through Infringement Proceedings in the European Court of Human Rights', in the International and Comparative Law Quarterly, vol. 66, no. 2 (2017):

'Non-execution of the judgments of the European Court of Human Rights is a matter of serious concern. In order to address it, the reasons for and dynamics of non-execution need to be fully considered. This paper engages with non-execution by sketching the underpinning issues that help to explain it and, we argue, must shape our responses to it. Through this engagement, we conclude that non-execution is properly understood as a phenomenon that requires political rather than legal responses. This calls into question the usefulness of the infringement proceedings contained in Article 46(4) of the Convention and which it has recently been suggested ought to be embraced in attempts to address non-execution. We argue that, even if the practical difficulties of triggering Article 46(4) proceedings could somehow be overcome, the dynamics of non-execution suggest that such proceedings would be both futile and counterproductive, likely to lead to backlash against the Court and unlikely to improve States’ execution of its judgments.'

* Vladislava Stoyanova of Lund University had published a book on Article 4 ECHR, with Cambridge University Press, entitled 'Human Trafficking and Slavery Reconsidered. Conceptual Limits and States' Positive Obligations in European Law':

'By reconsidering the definitions of human trafficking, slavery, servitude and forced labour, Vladislava Stoyanova demonstrates how, in embracing the human trafficking framework, the international community has sidelined the human rights law commitments against slavery, servitude and forced labour that in many respects provide better protection for abused migrants. Stoyanova proposes two corrective steps to this development: placing a renewed emphasis on determining the definitional scope of slavery, servitude or forced labour, and gaining a clearer understanding of states' positive human rights obligations. This book compares anti-trafficking and human rights frameworks side-by-side and focuses its analysis on the Council of Europe's Trafficking Convention and Article 4 of the European Convention on Human Rights. With innovative arguments and pertinent case studies, this book is an important contribution to the field and will appeal to students, scholars and legal practitioners interested in human rights law, migration law, criminal law and EU law.'

* Nikolaos Sitaropoulos (Office of the Council of Europe Commissioner for Human Rights) has published a research paper on SSRN entitled 'Migrant Ill -Treatment in Greek Law Enforcement – Are the Strasbourg Court Judgments the Tip of the Iceberg?':

'The present paper aims to provide an analysis of the first major judgments of the Strasbourg Court which usefully shed light on the underlying, long-standing systemic failures of the Greek rule of law. The author argues that these judgments are in fact only the tip of the iceberg. For this the paper looks into the process of supervision of these judgments’ execution by Greece, which is pending before the Council of Europe Committee of Ministers, as well as into alarming reports issued notably by CPT as well as by the Greek Ombudsman. The paper also highlights the question of racial violence that has not been so far the subject of analysis in the Court’s judgments concerning ill-treatment in Greece. However, a number of reports, especially the annual reports of the Greek Racist Violence Recording Network since 2012, record numerous cases of racist violence by law enforcement officials targeting migrants and the ineffective responses by the administrative and judicial authorities. The paper’s concluding observations provide certain recommendations in order to enhance Greek law and practice and eradicate impunity.'

* The European Court's proceedings of its annual seminar 'Dialogues Between Judges', at the opening of the court's judicial year. are available on a dedicated web page.

Monday, 20 March 2017

René Cassin Competition This Week

This week, the 32nd edition of the René Cassin Competition will be held in Strasbourg. It is the oldest French-language moot court competition on the European Convention on Human Rights. This year, the topic is health and European human rights law. Thirty teams, representing either the applicant alleged victim or the defendant state will meet up from Wednesday to Friday. The competition is organised by the University of Strasbourg Faculty of Law and the René Cassin Foundation with the support of, among others, the European Court and the Council of Europe.

Attending the finals is still possible, by registering here. More information, including the documents of this year's imaginary case, can be found on the competition's French-language website. Good luck to all the participating teams!

Monday, 6 March 2017

European Implementation Network has Director Vacancy

The European Implementation Network (EIN), set up last year, has opened a vacancy for a full-time Director to manage its organizational development and to develop and implement a programme of activities focused on delivering its mission.

In its own words, " is a newly established non-governmental, member- based organization set up to champion the implementation of European Court of Human Rights (ECtHR) judgments. The EIN’s mission is to build and strengthen the ability of lawyers, NGOs, and applicants to access every part of the Council of Europe (CoE) that can contribute to better implementation of these judgments; to advocate for full implementation of particular cases; and to support more robust structures that facilitate implementation at the national level. EIN undertakes initiatives ranging from supportive (information sharing, access, advice and technical support, capacity-building) to proactive (advocacy, new initiatives) to advance its vision and mission. Its work is overseen by a Bureau elected by its members." 


Location: Strasbourg, France
Reporting to: EIN Bureau
Contract: Funding has been secured for the first year’s employment. Continued employment beyond the first year is subject to securing further financing.
Salary: Up to 50,000 per annum, depending on qualifications and experience
Staff Management
Supervise the work of the Finance and Events Management Officer, and any consultants.


In carrying out the above, the Director will adhere to the highest professional standards and to EIN procedures and policies as directed by the Bureau, and will ensure that EIN staff do the same.

Qualifications and Experience

a. 4 6 yearsexperience as a project manager, with knowledge of fundraising, financial management, and developing donor relationships;
b. Excellent organizational and networking skills;
c. Good knowledge of the CoE, the European Convention on Human Rights (including the implementation of ECtHR judgments), and the human rights situation in Europe;

d. Fluent written and spoken English and a high degree of proficiency in French.
a. Postgraduate qualification in a relevant field such as law, political science, public policy, development management (highly desirable);
b. Experience of working with a board;
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c. Experience of civil society advocacy in international organizations.

Under the supervision and guidance of the EIN Bureau, the Director will be expected to fulfil the following principal duties and responsibilities:

Organizational Development:
1. Establish an EIN office in Strasbourg (including sourcing a suitable office space and purchase of office equipment);
  1. Facilitate the timely appointment of a finance and events management officer;
  2. Develop operational and financial procedures for the organisation;
  1. Develop the activity and financial plans for 2017- 2018;
  2. Develop a strategy for the expansion of the EIN’s network of members and partners and
    conduct relevant outreach activities.
Financial management and fundraising
  1. Manage the implementation of the financial plan (including annual, monthly, and activity budgeting), and regular reporting to the Bureau;
  2. Oversee other aspects of financial management, including cash flow, timely settlement of expenses, adherence to financial procedures, the requirements of donors, and the conduct of an annual audit;
  3. Develop a fundraising strategy and funding application plan to ensure the financial sustainability of the organization, including the preparation of concept notes and grant applications;
  4. Develop strong relationships with donors, and maintain an updated listing or database of contact information, potential funding opportunities, and donor technical priorities;
  5. Oversee reporting on projects in line with donor requirements.
Project Management:
  1. Organise briefings for member state representatives to the CM on ECtHR judgments prior to quarterly CM Human Rights (CM-DH) meetings, as well as periodic thematic briefings for other CoE organs;
  2. Facilitate communication of NGOs, lawyers, and activists with diplomats and Council of Europe staff through arranging meetings and other networking opportunities;
  3. Oversee and organise capacity building activities, including trainings for lawyers, NGOs and other relevant actors on the implementation of ECtHR judgments in Strasbourg as well as in the CoE member states;
  4. Produce a handbook for civil society on the supervision of execution processes at the CoE, including a toolkit on how to engage with various CoE bodies;
  1. Manage the effective implementation of the EIN activity plan as a whole;
  2. Undertake advocacy in support of the implementation of specific ECtHR cases including drafting written submissions to the Committee of Ministers (CM), and organizing consultations, briefings, and other events; develop the necessary contacts with member state representatives to the CM, with CoE officials, and with members of the CoE
    Parliamentary Assembly;

  1. Develop a communications strategy, oversee the running of the EIN website, and coordinate the publication of EIN quarterly newsletters and other publications;
  2. Cultivate and maintain close contacts with members and partners of the EIN, as well as other litigating NGOs and lawyers across the CoE member states;
  3. Secure participation of the EIN as observers to the relevant intergovernmental working groups at the CoE.
The position will require modest amounts of international travel. Relocation support will be provided, if necessary.

How to Apply
Please complete the application form which can be downloaded here and send it with a covering letter, by email, both to and to  The cover letter should fully address the qualification requirements listed above, giving concrete evidence of how you meet these requirements wherever possible. Please do not send separate CVs or other attachments – these will not be considered.
The closing date for applications is Thursday 23rd March at midnight GMT. The interview date is set provisionally for Friday 7 April in London. The successful applicant will be expected to start duties in May 2017 or as soon as possible thereafter.
If you have any questions concerning this application, please contact Nigel Warner at or 00 44 207 278 1496.