On 17 February 2026, the European Court of Human Rights (ECtHR) delivered its much-anticipated judgment in Green Alliance v Bulgaria (Application no 6580/22), which concerns the application of Article 8 of the European Convention on Human Rights (ECHR) in the very sensitive context of national security. The Court unanimously found that the possibility for Bulgaria’s secret services to infiltrate legal entities or liberal professions with ‘agents on cover’, envisaged in national legislation, violates Article 8 because Bulgarian law does not provide any effective guarantees against arbitrary action.

Green Alliance can be seen in a positive light because it exposes the unlawful practices of Bulgaria’s police state, which could have a chilling effect on civil society. It is also important for the development of Article 8 itself since it defines some of the limits to spying on civil society under the ECHR. Nevertheless, it will hardly make a difference in Bulgaria. The country has a deplorable track record of employing tactical manoeuvres to undermine the implementation of ECtHR judgments. Moreover, Bulgaria’s secret services themselves have experience in subverting legislation in public regulations. This means that behind closed doors such subversion is even easier via internal regulations and/or oral instructions.

Earlier this month, I analyzed the implications of the judgment in Green Alliance for the Strasbourg Observers. You can read my full commentary here.