On 10 December 2025, the Committee of Ministers ended its supervision of the execution of the Van Den Burgt v. Luxembourg case, concerning a violation in 2020 of the applicant’s right to adversarial proceedings, in the context of criminal proceedings, on account of his inability, to respond to the written submissions of the Public Prosecutor’s Office before the Court of Cassation (Article 6 § 1).
In response to the Court’s judgment, the applicant’s criminal proceedings were reopened and the contested judgment set aside. Moreover, the Court of Cassation adapted its case-law and adopted a less stringent approach regarding the assessment of the admissibility criteria of appeals. In case of new arguments raised by the Public Prosecutor’s Office, the Court of Cassation now allows lawyers to respond to them in a new hearing for this purpose.
