This has nothing to do with EU law
The case rests on the European Convention of Human Rights, which has nothing at all to do with the EU.
The convention, and the European Court of Human Rights, are older and cover more countries than the EU (47). Every European country, including Russia and Turkey, other than Belarus is a signatory.
It was originally Churchill's idea, pushed by the UK and largely written by British lawyers.
When Theresa May was Home Secretary she wanted to weaken the effect of the ECHR (by taking it completely out of domestic law, so any cases relying on it would have to go to the European Court of Human Rights) but stay in the EU. The opposite is happening.
Biting the hand that feeds IT
