The Case-Law of the ECtHR in 2021 : the ECHR in International and Cross-Border Situations

Abstract

The present contribution analyses the developments in the case law of the European Court of Human Rights (ECtHR) in 2021. The relevant judgments and decisions have been selected on the basis of two criteria, namely qualification as 'key cases' by the Court itself, and the attraction of the stakeholders' attention and/or criticism. Among the cases that met the above criteria, the author selected those cases that dealt with a common issue, namely the problem of the applicability (in terms of establishing states' jurisdiction under Article 1 of the European Convention on Human Rights), and the interpretation and application (in terms of clarifying the content of states' duties and determining whether they have been violated in the specific circumstances of the cases) of the Convention in situations of an international or cross-border nature. The analysis shows that the Court is, more and more, faced with similar situations. At the same time, although the Court is clearly willing to develop states' Conventional duties and obligations in international and cross-border situations, a manifest preference for procedural instead of substantive obligations had been identified. In this regard, the specific topic dealt with in the present contribution confirms the more general tendency, identified by the literature on the Court's case law, towards a 'procedural review' of Member States' compliance with the Convention obligations.