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)

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 Human Rights (AP ECHR). The third case that will be discussed also concerns a survivor's pension. 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). The last case (Finnish Society of Social Rights v. Finland) concerns the minimum level of several social security and social assistance benefits in Finland. The ECSR agreed with the applicant and held that the benefits granted were inadequate and violated the right to social security and the right to social assistance in Article 12, § 1 and Article 13, § 1 ESC.