European Integration Studies

Human Rights in Albania: Protection under the European Convention on Human Rights

Evis Alimehmeti — 2025-12-30

The paper sheds light on some of the current challenges of human rights protection in Albania, through a historical overview of the constitutional framework of such protection, the place of international law in the national system, in particular the European Convention on Human Rights and the findings of the European Court of Human Rights. It shows that, whereas the constitutional and legal framework aligns with the standards of protection of human rights enshrined in the Convention, the findings of the Court in the last two decades indicate continuous challenges yet to be addressed in relation to several rights and freedoms, especially those concerning the guarantees related to fair trial, lengthy court proceedings, property rights, and effective remedies.

The Protection of Human Rights under the ECHR in Central and Eastern Europe: The Case of the Republic of Moldova

Olga Dorul — 2025-12-30

The present study is dedicated to evaluating the participation of the Republic of Moldova in the Convention for the Protection of Human Rights and Fundamental Freedoms, better known as the European Convention on Human Rights. This convention established the most effective regional mechanism for the protection of human rights. The state granted its citizens the possibility of exercising the right to individual application before the European Court of Human Rights by ratifying the European Convention on Human Rights in July 1997. Since then, more than 17,000 applications have been submitted to the ECHR alleging that the Moldovan authorities have failed to comply with the provisions of the European Convention on Human Rights. In over 600 cases, the European Court of Human Rights has found violations of the obligations assumed by the Republic of Moldova upon ratifying the European Convention on Human Rights.

In this article, we aim to address the Republic of Moldova’s participation in the European Convention on Human Rights in an evolutive manner. Thus, after establishing the historical context in which this regional treaty was ratified, we will describe the actions of the Council of Europe in the Republic of Moldova, identify the most important human rights treaties developed under the auspices of the Council of Europe that have been ratified by the Republic of Moldova, and strive to provide a comprehensive overview of the implementation of the European Convention on Human Rights within the national legal order. Finally, this study explores several landmark cases in which the European Court of Human Rights has established general principles. These cases have led to substantive changes in the legal system of the Republic of Moldova. They illustrate how the Court’s jurisprudence has influenced national law-making and institutional reform, contributing to the consolidation of the rule of law and the alignment of domestic norms with European human rights standards.

The Protection of Human Rights under the European Convention on Human Rights in Slovenia

Benjamin Flander — 2025-12-30

This article explores the protection of human rights under the European Convention on Human Rights (ECHR) in the Republic of Slovenia. Beginning with a brief introduction to the Council of Europe (CoE) and its key legal instrument, the ECHR, the author examines the structure of the ECHR, the rights it guarantees, the mechanisms for enforcing those rights, and its influence on both domestic legal systems and international human rights norms. The author then outlines the historical development of human rights in Slovenia, describes Slovenia's relationship with the CoE from a human rights perspective, and reviews Slovenia's ratification of the Convention and other CoE treaties. In the core sections, the author discusses how the ECHR's human rights protection obligations are reflected in the Slovenian Constitution and provides an overview of the significant legislative processes that have occurred in Slovenia as a result of the implementation of the ECHR and ECtHR’s judgments. Finally, the article analyses 15 landmark cases involving Slovenia before the European Court of Human Rights (ECtHR).

The Protection of Human Rights under the ECHR and Central Europe: the Czech Republic

Tomáš Grygar — 2025-12-30

This paper examines the protection of human rights under the ECHR in the Czech Republic, emphasizing the historical evolution of human rights protection in the territory of the present-day Czech Republic, constitutional aspects of the application of the ECHR, the nation’s relationship with the Council of Europe (CoE) and landmark cases involving the Czech Republic before the ECtHR. Czechoslovakia was the first post-communist country that ratified the ECHR. However, the process of readmission of the independent Czech Republic to the Council of Europe after the dissolution of Czechoslovakia and the subsequent retroactive binding of the ECHR on the Czech Republic has been associated with several problematic issues from the perspective of public international law doctrine. This article points out that this retroactive application of the ECHR effectively violated Art. 59 (1) of the ECHR [former Art. 66 (1)], which provides that the ECHR shall be open to the signature of the members of the Council of Europe only. The paper also discusses in more detail a position of the ECHR in the Czech legal order and, above all, the constitutional background to its application. It draws attention to the problematic jurisprudence of the Czech Constitutional Court, according to which human rights treaties, including the ECHR, are not only part of the Czech legal order, but even of the “constitutional order”. This conclusion is contrary to Article 10 and Article 112(1) of the Czech Constitution. Landmark cases involving the Czech Republic before ECtHR reveal its evolving legal landscape. Notable cases include D.H. and Others v. Czech Republic, concerning alleged discrimination against Roma children in education. It is one of the first cases ever decided (not unanimously) by the Grand Chamber.

The European Convention on Human Rights – The Protection of Human Rights under the ECHR in Central and South East Europe: North Macedonia

Tanja Karakamisheva-Jovanovska — 2025-12-30

Regulating human rights and their protection in North Macedonia’s legal system has an important historic dimension, accounting for the historic continuum of the constitutional and legal human rights framework in the country from 1946 to date. The Socialist Republic of Macedonia, as part of the former Socialist Federal Republic of Yugoslavia (SFRY), was a signatory to the European Convention on Human Rights (ECHR) since 26 January 1965. Although the Macedonian legal system, from 1946 until the start of the democratic transition process in 1990-1991, was considered a part of the socialist systems, Macedonian citizens had constitutional, legal and institutional protection of human rights and freedoms. However, the formal existence of the legislation did not achieve the protection of human rights as a final goal. Hence, in this chapter, several key issues related to the protection of human rights in the Macedonian state will be analysed and elaborated, such as the contextual introduction of the historical development of human rights in the country, the relationship between the Macedonian state and the Council of Europe (CoE) from a human rights perspective, the CoE human rights conventions to which North Macedonia is a State Party, elaboration on the national implementation (the process and time of accession/succession /ratification) of the ECHR, how human rights protection obligations deriving from the ECHR are reflected in the constitution and/or other major acts of the country and the major law-making processes that took place in the country due to the ECHR. The chapter includes several landmark cases of North Macedonia before the European Court of Human Rights (ECtHR), elaborated in detail.

Protection of Human Rights under the ECHR and Central Europe: Romania

Bence Zsolt Kovács — 2025-12-30

In 2024, Romania commemorated 30 years since ratifying the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), a crucial milestone in its human rights development. This anniversary offers an opportunity to reflect on Romania’s integration into the European multilevel system of human rights protection, which fosters convergence across European states. The European Court of Human Rights’ (ECtHR) view of the Convention as a “living instrument,” combined with Romania’s adherence to its evolving judicial practice, has helped the country align with the latest human rights standards, addressing systemic issues such as prison conditions, excessively lengthy judicial proceedings, judicial independence, and property restitution.

This chapter explores the historical evolution of human rights in Romania, focusing on the impact of ECHR ratification on the country’s constitutional framework and legislation. It examines Romania’s relationship with the Council of Europe and the role of landmark ECtHR cases in shaping national legal reforms. Additionally, the chapter assesses the ongoing challenges in implementing ECtHR standards and highlights the country’s progress. Importantly, it discusses the creation of a legal paradigm rooted in democracy, the rule of law, and the protection of human dignity. Ultimately, by Romania’s acceptance of international human rights norms, for the first time in the country’s history, real content and substance were added to existing nominal or formal guarantees, transforming abstract legal provisions into practical protections.

Protection of Human Rights under the European Convention on Human Rights in Central Europe: Bosnia and Herzegovina

Boris Krešić — 2025-12-30

According to the Constitution of Bosnia and Herzegovina (BiH; Annex 4 to the General Framework Agreement for Peace in BiH), the state of BiH is defined as a democratic and legal state with free and democratic elections. By signing the Dayton Peace Agreement and accepting the Constitution, BiH undertook to ensure the highest level of internationally recognised human rights and fundamental freedoms. Thus, the European Convention for the Protection of Human Rights and Fundamental Freedoms (better known as the European Convention on Human Rights − ECHR) received a special status in the Constitution of BiH. Similar to other modern democratic and legal states, BiH has signed all the other international and regional instruments for the protection of human rights. Therefore, by insisting on the protection of human rights, it was necessary for all people in BiH, as well as in other democratic and legal states, to have an equal status towards the state and the government, which would ensure measures to overcome antagonisms created on the basis of religious, ethnic, racial, and national diversity in BiH.

Political participation in BiH needs to be viewed as a broader phenomenon that includes not only elections as the basis of democracy and a prerequisite for effective and legitimate decision-making, but also the participation of citizens in everyday political events and life. Furthermore, political participation in a state is limited by ethnicity and territorial origin. This means that only constituent peoples, as guaranteed by the Constitution and numerous laws, are allowed to run for the three-member Presidency of the State or the House of Peoples of BiH. National minorities are excluded from these branches of government, and their political participation is limited solely to local levels of legislative power. Although BiH, according to the Constitution, is considered a democratic state, it is unable to protect the rights of all its citizens and fulfil their basic human rights guaranteed by numerous internationally recognised conventions, but primarily by the ECHR.

Protection of Human Rights under the European Convention on Human Rights: Bulgaria

Deyana Marcheva — 2025-12-30

Bulgaria’s accession to the Council of Europe in 1992 was a pivotal moment in the reaffirmation of constitutional democracy, the rule of law, and the protection of human rights in the country, following the collapse of the communist regime. The 1991 Constitution established a comprehensive framework of fundamental rights for citizens, aligning with the European Convention on Human Rights. However, it was the ECHR’s framework and the progressive jurisprudence of the Strasbourg Court – renowned for its broad interpretation – that significantly bolstered human rights protections and advanced the Bulgarian legal system.

Despite facing challenges related to contentious issues and the prolonged non-implementation of various European Court of Human Rights rulings against Bulgaria for over a decade, the Convention has profoundly influenced the nation’s legal landscape. Over time, the rights enshrined in the Convention have prompted nuanced changes in legal and policy outcomes, fostering a more rights-oriented approach in legislation and judicial decisions. This shift has contributed to a culture of governmental accountability and respect for individual rights. Nevertheless, progress has been hindered by societal attitudes, political resistance, and gaps in legal scholarship and education.

Today, the ECtHR serves as a crucial and independent authority on fundamental rights in Bulgaria, establishing standards for rights protection, adjudicating individual cases, and highlighting systemic deficiencies in Bulgarian legislation and practices. The country continues to struggle with implementation issues concerning contentious human rights matters, including privacy rights related to secret surveillance, voting rights for prisoners, LGBTQI rights, the rights of incapacitated persons, and the rights of the Macedonian minority. Tensions have also emerged between the ECtHR’s jurisprudence and the rulings of the Constitutional Court, particularly regarding the unconstitutionality of the Istanbul Convention. This discord has led to a growing disconnection between Bulgarian jurisprudence and supranational legal standards.

Human Rights Protection under the European Convention on Human Rights and Eastern Europe: Ukraine

Ihor Metelskyi — 2025-12-30

This article is devoted to the study of the issue of human rights protection in Ukraine in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as on the basis of the case law of the European Court of Human Rights. The author examines the historical development of human rights and their protection in Ukraine, based on the main legal acts in force in different historical periods of Ukraine's development. The relations between Ukraine and the Council of Europe in terms of human rights protection were studied. The author analyses international legal instruments, in particular, individual conventions of the Council of Europe on human rights to which Ukraine is a party (in particular, the main focus is on the European Convention for the Protection of Human Rights and Fundamental Freedoms) and their place in the system of Ukrainian legislation, and also examines the issues of national implementation (process and time of accession / succession / ratification) of the Council of Europe conventions on human rights. The author highlights how the obligations to protect human rights arising from the ECHR are reflected in the Constitution of Ukraine. The author analyses the main legislative processes in Ukraine due to the ECHR, as well as the most significant cases considered by the ECtHR against Ukraine, their main points, and how the decisions on the latter affected Ukrainian legislation and human rights and their protection in general. The author concludes that the Council of Europe conventions, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms, have a significant impact on the protection of human rights in Ukraine, as they set common European standards that contribute to the improvement of national legislation and practice. In addition, the ECHR guarantees fundamental rights and freedoms such as the right to life, liberty and security of person, fair trial, freedom of thought, conscience and religion, and protection from torture and inhuman or degrading treatment. Ukrainian citizens have the right to apply to the European Court of Human Rights in case of violation of their rights guaranteed by the ECHR. This provides an additional level of protection when all national remedies have been exhausted. ECHR judgments against Ukraine often become the basis for changes in national legislation and court practice to bring them into line with the standards of the Convention. Ukraine's ratification of Council of Europe conventions and implementation of their provisions is an important tool for improving the human rights protection system, raising standards of democracy and the rule of law, and adapting national legislation to European norms.

European Convention on Human Rights from the perspective of the Republic of Serbia

Natasa Plavsic — 2025-12-30

This article explores the role of the European Convention on Human Rights (ECHR) in the constitutional and legal order of the Republic of Serbia. It outlines the historical development of the constitutional guarantees of human rights and the gradual incorporation of international human rights standards into domestic constitutional law. The paper discusses the constitutional stratus of the ECHR and the obligation of the domestic authorities to interpret national law in accordance with the case-law of the European Court of Human Rights. Particular focus is placed on the role of the Constitutional Court as a key domestic mechanism for the protection of Convention rights. The paper analyses selected landmark cases against Serbia and highlights the transformative effect of the ECtHR jurisprudence on national law and judicial practice. The paper concludes that effective implementation of the Convention remains essential for ensuring sustainable human rights protection in Serbia.

Protection of Human Rights under the European Convention on Human Rights and in Central Europe: Hungary

Julianna Szabó — 2025-12-30

This study examines the protection of human rights in Hungary, with particular attention to its evolving relationship with the European Convention on Human Rights (ECHR) and the Council of Europe. The analysis begins by outlining the historical developments of human rights in Hungary, emphasising key milestones that have shaped the country's constitutional and legislative framework during its democratic transition and beyond. This historical context is essential for understanding Hungary’s current human rights commitments.

The analysis then turns to Hungary’s engagement with the Council of Europe, focusing on its ratification and implementation of core human rights conventions. These include Protocol No. 1 to the European Convention for the Prevention of Torture, the European Social Charter, and the Framework Convention for the Protection of National Minorities. These international treaties play a vital role in shaping Hungary’s human rights obligations and influencing the development of domestic legal standards.

Further, the article addresses Hungary’s national implementation of the ECHR, illustrating how its provisions are reflected in the Fundamental Law and major legislative acts. Important law-making processes influenced by the ECHR are discussed, highlighting the impact of international human rights standards on domestic legislation.

Additionally, it reviews landmark cases brought against Hungary before the European Court of Human Rights, including Rekvényi v. Hungary on freedom of expression, Gubacsi v. Hungary regarding police ill-treatment, and Karsai v. Hungary concerning the right to respect for private and family life. These cases illustrate the ongoing challenges in meeting its human rights obligations and ensuring full compliance with European human rights jurisprudence.

In conclusion, the study stresses the importance of continued legal and institutional reforms, as well as active engagement with both national and international legal frameworks to strengthen human rights protections.

Overview of Human Rights Protection in Slovakia: Impact of the European Convention on Human Rights

Hajnalka Szinek-Csütörtöki — 2025-12-30

The protection of human rights has become a cornerstone of modern society, shaping both national and international legal frameworks. In Europe, the European Convention on Human Rights (ECHR) serves as a crucial instrument for safeguarding fundamental rights and freedoms. Since gaining independence in 1993, Slovakia has undergone significant transformations in its legal and political systems, gradually integrating international human rights standards. This country report aims to provide a contextual introduction to the historical development of human rights in Slovakia and the implementation of the ECHR, while also addressing key law-making processes. Furthermore, it explores human rights protection at the national level and the relationship of Slovakia with the Council of Europe. By analysing key legal developments and landmark cases, this study evaluates Slovakia’s achievements and continuing challenges in protecting fundamental rights, providing insights into the future direction of human rights within the broader context of its obligations under the ECHR.

The Protection of Human Rights under the ECHR and Central Europe: Poland

Robert Tabaszewski — 2025-12-30

This article elucidates the process of Poland’s integration with the Council of Europe, and its commitment to the fuller implementation of the Council’s body of law, particularly the provisions of the European Convention on Human Rights. Notably, the Council of Europe was the first Western organization to open its doors to Poland – the largest country in the region. The article focuses on the conditions underlying Poland’s accession to European structures and evaluates its progress in establishing dialogue and partnership with the other members of the organization. Furthermore, it examines whether aligning with European standards has been a linear process or encumbered with difficulties in the formulation and enforcement of legal norms. Additionally, the Poles’ participated in the democratization process and the extent to which they cooperated with other members of the Council of Europe in developing solutions beneficial to the statutory objectives of the organization are analysed. This article verifies whether the current political system of the Republic of Poland is fully compliant with the statutory requirements of the Council of Europe. Moreover, it examines the Polish decision-making process within the various decision-making bodies of the Council of Europe, Poland’s participation in the most important human rights conventions of the Council of Europe, and the implementation of obligations arising from the European Convention on Human Rights to domestic law. The article further illustrates how these obligations have been integrated into the Constitution of the Republic of Poland of 1997 and other legal acts, highlighting the role of Polish courts in applying the standards of the Convention for the Protection of Human Rights and Fundamental Freedoms. Key cases brought by Polish citizens to the Polish legal system are examined. Lastly, the article describes significant legal reforms in Poland over the last thirty years, the impact of Strasbourg rulings on Polish domestic law, and the challenges related to aligning the Polish legal system with European standards.

Protection of Human Rights in Georgia under the European Convention on Human Rights

Simoni Takashvili — 2025-12-30

The present study analyses the stages of human rights development in Georgia. The introductory part of the work focuses on the legal environment after Georgia gained independence in the early 20th century, a period that was short-lived as Georgia soon lost its independence and became part of the Soviet Union.

After the Soviet Union established its regime in Georgia, the protection of human rights was virtually non-existent for nearly 70 years. The next component of the study involves a comprehensive analysis of the relationship between Georgia and the Council of Europe (CoE) from a human rights perspective. Additionally, it examines Georgia's participation as a state party to CoE human rights conventions and the impact of the European Convention on Human Rights (ECHR) on Georgia, based on legal literature.

The study also analyses the process and timeline of Georgia's accession, succession, and ratification of the ECHR, as well as the human rights protection obligations arising from the ECHR and their effect on the Constitution of Georgia. Furthermore, a significant portion of the work is dedicated to the major legislative developments in Georgia influenced by the ECHR, along with an examination of the most important cases in which Georgia was the respondent and that were adjudicated by the ECHR.

Protection of Human Rights under the European Convention on Human Rights and the Court of Justice of the European Union: The Case of Croatia

Snjezana Vasiljevic — 2025-12-30

This study examines the role of the European Union (EU) and the Council of Europe in safeguarding fundamental rights. It examines the relationship between the two European courts, the differences in the protections afforded by the EU Charter of Fundamental Rights compared with the European Convention on Human Rights, and the impact of both frameworks on human rights in Croatia. The study aims to demonstrate that the EU’s multi-layered human rights protection system has positively affected rights protection in member states and prompted essential changes in case law and the daily lives of individuals whose rights are frequently violated.

The European Convention on Human Rights – the protection of human rights under the ECHR and Central Europe: Montenegro

Nebojša Vučinić — 2025-12-30

Although the Convention came into force in Montenegro on 3 March 2004, the Court began examining the first cases against Montenegro in 2009. To date, it has issued 71 judgments and 73 decisions concerning various conventional rights. A significant influence has been exerted on the legal system, particularly on the judicial practice of Montenegrin courts, regarding the protection of fundamental rights safeguarded by the European Convention. However, in our opinion, this is insufficient for the real and effective implementation of the rights prescribed by the Convention. Thus far, Montenegro has, responsibly and within the deadline, executed all the judgments and decisions of the European Court. However, despite ongoing trainings and seminars, judges, prosecutors and other legal practitioners in Montenegro lack a certain degree of courage and impartiality to implement the Convention.

The scope of eurocrimes and their possible extension

Bence Udvarhelyi — 2025-12-30

Article 83(1) of the Treaty on the Functioning of the European Union empowers the European legislator to establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension. This legal harmonisation competence was frequently used by the EU and resulted in the adoption of several criminal law directives. The Treaty determines ten areas of crime which can subject to legal harmonisation and most of which have already been regulated at the EU level. The objective of the article is to provide a detailed analysis of the requirements of the legal harmonisation competence, the scope of harmonisation, its procedural conditions and the possibility of the extension of the list of EU crimes. The paper also intends to present and analyse the legislative practice of the EU institutions and tries to formulate the relevant tendencies in connection with the current EU criminal policy.