Overview of recent cases before the European Court of Human Rights and the European Committee of Social Rights (January – June 2025)

Abstract

This case law report (January–June 2025) discusses two cases brought before the European Court of Human Rights (ECtHR) and three collective complaints brought before the European Committee of Social Rights (ECSR). The first ECtHR case (Selimi and Krasnići v. Serbia) concerned the suspension of pensions originally paid by the Serbian Pension and Disability Insurance Fund in Kosovo, as well as the excessive length of review proceedings. The Court found violations of both Article 6 ECHR and Article 1 First Protocol to the ECHR (Protocol no. 1). The second ECtHR case, Al and Demirci v. Turkey, concerned the depreciation of pension bonuses caused by hyperinflation. Although the applicants were entitled to the bonuses under domestic law, the absence of indexation reduced their value by more than 99%. The Court concluded that this rendered the right to property under Article 1 Protocol no. 1 illusory, thereby imposing an excessive burden on the applicants. The ECSR cases highlight structural challenges in the areas of housing and energy poverty. In FEANTSA v. the Czech Republic, the Committee examined the situation of vulnerable families, many of whom were Roma, who were living in hostels under precarious tenancy agreements. The Committee found violations of Article 16 ESC, both alone and in conjunction with the non-discrimination clause in Article E ESC. In FEANTSA, DCI, MEDEL, CCOO and International Movement ATD Fourth World v. Spain, the Committee reviewed the ongoing power outages in Cañada Real, Madrid's largest informal settlement. The Committee found multiple violations of the ESC, including Articles 11, 16, 23, 30 and 31. Finally, in FEANTSA v. Belgium, the Committee examined the Flemish housing policy in light of the ESC. The ECSR identified shortcomings in relation to affordable and adequate housing, homelessness and the allocation of social housing. It concluded that the Flemish policy disproportionately disadvantaged vulnerable groups, in breach of Article 16 ESC when read alone and in conjunction with Article E.