Άρθρο 35

Process delays. Failure to bring an action for damages for breach of reasonable time before the end of the proceedings before the national courts. Violation of fair trial

JUDGMENT Verrascina and others v. Italy 28.04.2022 (app. no. 15566/13 and 5 other applications)  see here SUMMARY The applicants are 16 Italian nationals. Their applications concerned the length of previous proceedings before the Italian courts and the 2012 reform of Article 4 of Law 89 of 8 March 2001 (the so-called “Pinto” law), which brought […]

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The recognition by a Constitutional Court of a violation of the right to freedom of expression and the award of adequate compensation is an effective remedy

JUDGMENT Wikimedia Foundation, Inc. v. Turkey 24.03.2022 (app. no. 25479/19) see here SUMMARY The case concerned a request by the Telecommunications and Information Technology Directorate for the removal of certain pages from the applicant’s website and the subsequent order blocking access to the entire website as it was not technically feasible to block only certain […]

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Failure to enforce court decisions violated the fair trial! The ECtHR awarded the amounts of court decisions that were not executed! Rejection of applications with inaccurate information

JUDGMENT Mastilović and others v. Montenegro 24.02.2022 (app. no. 28754/10) see here SUMMARY Access to court. Non-enforcement of irrevocable court decisions and court compromises. Ratione personae. Inability of the ECtHR to identify some of the applicants. Fair trial. Group application to the ECtHR for violation of a fair trial and the right to property. The […]

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18,000 pre filled application forms before the ECtHR by the French for the imposition of a health pass for coronavirus. They were all rejected as unacceptable!

JUDGMENT Zambrano v. France 07.10.2021 (app. no. 41994/21) see here SUMMARY The case concerned a university lecturer, Guillaume Zambrano, who complained about the “health pass” introduced in France in 2021 and who created a movement to protest against it. On his website, he suggests that visitors complete a pre-filled form in order to increase the […]

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Right of access to the case file with a view to appeal before the ECtHR. Obstructing it constitutes an infringement of the right of appeal.

JUDGMENT Akif Hasanov v. Azerbaijan 19/09/2019 (no. 7268/10) see here  SUMMARY Deadline for appeal and access to the documents in the case file. The applicant was sentenced to 5 days in prison for hooliganism. He  appealed but he was never called  to the hearing and was never served with the dismissal decision. He appealed before […]

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