From De Becker to Varnava: The. State of Continuing Situations in the Strasbourg Case Law

Abstract

This article provides a comprehensive study of the case law of the European Court of Human Rights concerning continuing situations. It examines the evolutions in the Court’s jurisprudence from the initial case of De Becker vs. Belgium until the recent judgment of the Grand Chamber in Varnava and others vs. Turkey. The concept and the various types (continuing situations sensu strictu, composite acts and complex acts) of continuing situations are outlined, as well as the legal consequences (competence ratione temporis, admissibility, aggravating effect). Furthermore, the criterion of “sufficient relation” is deducted from the case law.