Fishing Rights Procedure at the European Court of Human Rights: Spasov v Romania

Abstract

In recent years, it has increasingly been recognized that work at sea often raises questions concerning the protection of human rights. This is also the case in the context of fishing. While human rights issues on commercial fishing vessels are gaining attention, fishing activities of individuals and small crews are also connected to human rights—for example, regarding the implementation of fisheries policies. In December 2022, the European Court of Human Rights (ECtHR) ruled in the case of a fisherman from Bulgaria who had worked in Romania’s Exclusive Economic Zone (EEZ) in the Black Sea. Bulgaria and Romania are both members of the European Union (EU), and the EU’s Common Fisheries Policy (CFP) applied to the applicant’s work. He alleged that Romania implemented the CFP incorrectly and, in doing so, violated his human rights. This article analyzes the case of Spasov v Romania, which, as of late 2023, is available on the ECtHR’s website in French. The core issues of the case are placed in the context of the CFP and the relationship between the EU and the ECHR. It will be shown that the ECHR remains a potent tool for the protection of human rights at sea as well, including in the EEZ, where the coastal State exercises jurisdiction within the meaning of Article 1 ECHR.