Overview of recent cases before the European Court of Human Rights (January – May 2023) and the European Committee of Social Rights (September 2022 – May 2023)
| Published date | 01 September 2023 |
| DOI | http://doi.org/10.1177/13882627231200343 |
| Author | Eleni De Becker |
| Date | 01 September 2023 |
| Subject Matter | Case Law Reports |
Overview of recent cases before
the European Court of Human
Rights (January –May 2023) and
the European Committee
of Social Rights
(September 2022 –May 2023)
Eleni De Becker
Free University Brussels and KU Leuven, Leuven, Belgium
Abstract
In this case law report (January 2023 –May 2023) three cases before the European Court of
Human Rights (ECtHR) and two cases (September 2022 –May 2023) before the European
Committee of Social Rights (ECSR) will be discussed.
1
The first two cases before the ECtHR
are discussed together, as they tackle the partial annulment by the Spanish Constitutional
Court of the legislation on survivor’s pensions. The judgment imposed the same conditions for
accessing a survivor’s pension for partners in a civil partnership all over Spain. In both cases,
the ECtHR ruled that Spain breached Article 1 Additional Protocol European Convention on
In Bosiljevac v. Croatia, the ECHR found a violation of the right to a fair trial in Article 6 ECHR. The
case concerns the expert reports used in administrative proceedings in which the applicant sought,
on account of his medical condition, to be granted a survivor’s pension following the death of this
father. Lastly, two cases before the ECSR will be presented. Panhellenic Association of Pensioners of
the OTE Group Telecommunications v. Greece concerns a series of pension reforms introduced in
Greece. The ECSR did not hold in favour of the applicant, who argued that those reforms violated,
inter alia, the right to social security in Article 12 of the Revised European Social Charter (ESC).
Corresponding author:
Eleni De Becker, Free University Brussels and KU Leuven, Pleinlaan 2, Brussels and Blijde-inkomststraat 17, Leuven,
Belgium.
Email: eleni.de.becker@vub.be
1. The cases were selected on the basis of their relevance for social security, also taking into account procedural elements
arising out of the rights in the ECHR. Collective complaints lodged with the ECSR are discussed in these case law reports
when Articles 12 and 13 (revised) ESC are invoked.
Case Law Reports
European Journal of Social Security
2023, Vol. 25(3) 296–305
© The Author(s) 2023
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DOI: 10.1177/13882627231200343
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