Article 6 – Par. 1

δίκαιη δίκη

The validity of the judgments of the European Court of Human Rights and the resumption of proceedings by the national courts

JUDGMENT Moreira Ferreira v. Portugal (no. 2) 11-07-2017 (no. 19867/12) see here  SUMMARY  The applicant was prosecuted for threatening conduct following an altercation. Despite the fact that an expert report diagnosed her with limited intellectual and mental capacity, she was held criminally responsible for her actions. By judgment of the court, she was convicted of […]

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δίκαιη δίκη

The inadmissibility of the appeal, unrelated to the accused’s fault, affects the principle of fair trial and invalidates access to a court.

JUDGMENT Shuli v. Greece 13-07-2017 (no. 71891/10) see here  SUMMARY  Fair trial. Access to court. Formalistic rejection of appeal by the Five-Member Court of Appeal of Nafplion. The accused filled a pre-printed appeal. Failure to indicate specific grounds of appeal for in the appeal. Formalist rejection of an appeal as unacceptable hinders access to a […]

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δίκαιη δίκη

The obligation of the courts to investigate in depth the defendants’ arguments in the context of the fair trial principle

JUDGMENT Nikolay Genov v. Bulgaria 13-07-2017 (no. 7202/09) see here  SUMMARY Counterfeit bank notes. Allegations of the accused. No response to the allegations. The case concerned the applicant’s complaint that the courts did not address his case fairly in the course of the criminal proceedings against him. In 2008, Mr Genov was convicted of having […]

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δίκαιη δίκη

A decision based on secret reports depriving a party of their access violates the right to be heard

JUDGMENT T.G. v. Croatia 11.07.2017 (no. 39701/14) see here  SUMMARY Firearm license. Refusal to renew license. The case concerned the applicant’s complaint concerning the refusal to grant firearm license on the basis of confidential and non-reportable police reports. The administrative courts have decided that the hunting license was not properly renewed on the basis of […]

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δίκαιη δίκη

The voice of the parties to all degrees is a “guarantee” for the right to be heard

JUDGMENT Lazarenko and others v. Ukraine 27-06-2017 (no. 70329/12, 9041/13, 9755/13, 15901/13, 27320/13 and 61147/14) see here   SUMMARY Failure to communicate the appeal to the parties in a case involving their pensions constitutes an infringement of the right to be heard. PROVISION Article 6 par. 1 PRINCIPAL FACTS The applicants, Gayana Lazarenko, Mykola Demskyy, Lyudmyla […]

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Failure to enforce judgments in favor of dismissed workers violates the fair trial and respect for their property.

JUDGMENT Krndija and others v. Serbia 27-06-2017 (no. 30723/09, 9370/13, 32658/12 and 2632/09) see here  SUMMARY Failure to execute court orders in favor of dismissed employees regarding compensation or reimbursement constitutes a violation of the fair trial and the right to respect for their property. The State is responsible for non-execution of court rulings. Infringement […]

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