Article 6 - Par. 1 Archives - Page 26 of 41

National court’s refusal to seek preliminary ruling from the EU Court of justice were not arbitrary nor unreasonable, because the applicant in its first and basic set of proceedings had invoked violation, only of the domestic law of its state and not that of the EU. No violation of fair trial.

Administrative
06/05/2019 17:55

JUDGMENT Repcevirag Szövetkezet v. Hungary 30.04.2019 (no. 70750/14) see here SUMMARY National courts refusal to refer questions to the Court of Justice of the European Union for a preliminary ruling. The applicant company operating in Hungary, was convicted irrevocably for a tax offense. In response to the claims of the tax authorities, the company […]

The non-examination of a key witness in the audience trial violates the fairness of the trial and equality of arms

Article 6 - Par. 1
01/05/2019 19:16

JUDGMENT Bondar v. Ukraine 16.04.2019 (no. 18895/08) see here SUMMARY Equality of arms. Failure to recall an important witness to an intentional homicide trial. National courts have condemned the accused from his confession, that was optained through pressure, and did not call the key witness whose examination was crucial to the conviction or not. Unfair […]

Defamation proceedings of a judge against a newspaper. Lack of impartiality and violation of the freedom of expression regarding the condamnation of the newspaper

Article 10
29/04/2019 22:33

JUDGMENT Editorial Board of Grivna Newspaper v. Ukraine 16.04.2019 (no. 41214/08 and 49440/08) see here SUMMARY Defamation proceedings of judge against in a newspaper for two articles referring to him. References to corruption complaints against him and presentation of photographs, one of which showed him in formal dress and brought the caption: “I will compensate […]

Conflicting case-law of the Supreme Court of Cassation. Legal security and the decision of the Court

Article 6 - Par. 1
25/04/2019 19:52

JUDGMENT Mariyka Popova and Asen Popov v. Bulgaria 11.04.2019 (no. 11260/10) see here SUMMARY Conflicting case law in the interpretation of a provision made by different compositions of the Supreme Court. Rejection of the applicants’ appeal by the Supreme Court of Cassation due to discrepancies in the case law of that court regarding the liability […]

The contact of the lawyer with his detained client is privilegedly protected by the ECHR and must be unobstructed.

Article 6 - Par. 1
24/04/2019 20:54

JUDGMENT Altay v. Turkey 09.04.2019 (no. 2) (n. 11236/09) see here SUMMARY Lawyer and prisoner. Confidentiality of meetings. The meetings and communications of the lawyer with his client are dealt with privilege by the ECHR and must be free of obstructions. Request of the prison authorities to attend the meetings between the lawyer and his […]

The refusal of a preliminary ruling of the CJEU does not infringe the ECHR

Article 6 - Par. 1
14/04/2019 13:52

JUDGMENT Harisch v. Germany 11.04.2019 (no. 50053/16) see here SUMMARY Civil proceedings in which the applicant requested the domestic appeal court to refer a question to the Court of Justice of the European Union (CJEU). Reasoned refusal by the national court to submit it. Rejection of the applicant’s constitutional complaint before the Federal Court of […]

Autonomy of disciplinary action from the criminal procedure. An acquittal is not binding on disciplinary bodies that may impose disciplinary action

1st P - Article 1
11/04/2019 15:38

JUDGMENT Bonnemaison v. France 11.04.2019 (no. 32216/15) see here SUMMARY Autonomy of disciplinary proceedings from criminal. Decision of the Medical Association to strike of the applicant from the medical register. The applicant repeatedly injected lethal injections into patients to put an end to their suffering. Penalty of the doctor for six out of seven deaths. […]

The state has to execute its irrevocable court decisions for damages without requiring further procedures for their execution

1st P - Article 1
08/04/2019 17:24

JUDGMENT Arnaboldi v. Italy 14.03.2019 (no. 43422/07) see here SUMMARY Non-execution of a court decision. Expropriation of property for the construction of a road. The applicant’s inability to obtain the indemnity finally granted to him by the national court. According to the Court, the refusal of the authorities to take the necessary measures to comply […]

Judicial and private expert report. Taking into account by the courts of the expert report of the psychiatrist appointed by the authorities and the rejection of the report of the private psychiatrist violated the principle of equality of arms by creating an unfair disadvantage against the accused

Article 6 - Par. 1
07/04/2019 18:05

JUDGMENT Hodžić v. Croatia 04.04.2019 (no. 28932/14) see here SUMMARY The case concerned the proceedings for the applicant’s confinement in a psychiatric hospital. The Court found in particular that, without obtaining another expert report addressing Mr Hodžić’s objections or giving him an opportunity to examine an “expert” on his behalf, his possibility to challenge the […]

Retrospective legislative intervention in a pending case violates the fairness of the case

Article 6 - Par. 1
04/04/2019 09:26

JUDGMENT Dimopulos v. Turkey 02.04.2019 (no. 37766/05) see here SUMMARY Right to a fair trial. Retroactive legislative intervention against the applicant and registration of her property with the State. The ECtHR concluded that the legislative intervention in question, which definitively fixed retrospectively the dispute between the applicant and the State before the national courts, was […]

Article 6 – Par. 1