Article 6 – Par. 1

Violation of the presumption of innocence of an accused former minister by televised statements by the Minister of Justice

JUDGMENT Bavcar v. Slovenia 07.09.2023 (app. no. 17053/20) see here SUMMARY The case concerned, Mr Bavčar, a former Government minister, who was found guilty of money laundering in 2016. The case concerned appeal proceedings during which the then Minister of Justice Goran Klemenčič had given a television interview captioned “Mr Klemenčič: If the Bavčar case […]

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Eight years for issuing a final civil decision! The credibility of the judicial system was undermined and the right of due process was violated

JUDGMENT Vanden Kerkhof v. Belgium 05.09.2023 (app. no. 13630/19) see here SUMMARY Correct and speedy administration of justice. The appellant had brought an action in the Belgian courts for annulment of a contract of sale. His case is pending in the appellate court and no decision has been issued after almost 8 years. The applicant […]

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Dismissal of judges for their vote in a decision! Violation of privacy and fair trial

JUDGMENT Ovcharenko and Kolos v. Ukraine 12.01.2023 (app. no. 27276/15 and 33692/15) see here SUMMARY Private life. Dismissal of judges of the Constitutional Court by Parliament for participation in a decision, without a clear interpretation of the imputed “breach of oath” and the scope of their immunity. Judicial review of Parliament’s decision to dismiss them […]

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Total duration of 5.5 years in two degrees of jurisdiction before the administrative courts. Breach of reasonable time

JUDGMENT Nikas v. Greece  06.07.2023 (app. no. 34649/19) see here SUMMARY Excessive length of proceedings before administrative courts. The applicant complained about the excessive length of the proceedings before the administrative courts. In particular, the proceedings in the administrative courts lasted 5 years, 6 months and 29 days for two degrees of jurisdiction. The appellant […]

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Dismissal of Supreme Court Judge for not justifying the acquisition of property and not declaring his previous criminal involvement. Violation of a fair trial because he was not given an opportunity to defend himself

JUDGMENT Thanza v. Albania 04.07.2023 (app. no. 41047/19) see here SUMMARY The case concerned the vetting of the applicant by the authorities, which had resulted in his dismissal from his post as a Supreme Court judge. The Court found in particular, as regards Article 6, that Mr Thanza had not been given an adequate opportunity […]

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Dismissal of judges’ application as out of time, against the failure to appoint a new General Council of Justice. Non-reasoning of time-limits . Violation of the right of access to court

JUDGMENT Lorenzo Bragado and others v. Spain 22.06.2023 (app. no. 53193/21, 53193/21, 53707/21, 53848/21, 54582/21, 54703/21, and 54731/21) see here SUMMARY The case concerned the appointment process for membership of the General Council of the Judiciary (“the GCJ”), the governing body of the judiciary in Spain. In 2018, the GCJ composition came up for renewal […]

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Dismissal of corporate applications alleging a breach of their right to adversarial proceedings and equality of arms due to national security grounds

JUDGMENT UAB AmbercoreDC and UAB Arcus Novus v. Lithuania and UABBraitin v. Lithuania 13.06.2023 (app. no. 56774/18 and 13863/19) see here SUMMARY Both cases concerned decisions refusing the applicant companies permission to proceed with planned business projects in Vilnius because they were a threat to national security as their shareholders had links either to the […]

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Failure of the courts to consider the merits of a claim, in the absence of relevant arguments by the claimant, as required by national law. The application is inadmissible

JUDGMENT FUQUAN S.R.O v. the Czech Republic 01.06.2023 (app. no. 24827/14) see here SUMMARY The case concerned the seizure of property amounting to nearly 2.1 million euros belonging to the applicant company in the course of a tax evasion investigation and the trial against its managing director and another member. The property was held for […]

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A delay of 4.5 years for the filing of a criminal case without the possibility of exercising an appeal for compensation. Violation of reasonable time and Article 13 of the ECHR

JUDGMENT Irodotou v. Cyprus 23.05.2023 (app. no. 16783/20) see here SUMMARY The applicant was accused of an alleged debt to a credit institution. Criminal proceedings were initiated against him which lasted approximately 4.5 years. Then the Prosecutor decided that there was no reason for criminal prosecution and filed the case. The applicant felt all these […]

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απαλλοτρίωση

Award of compensation of over €1.5 million to former royal-family members for unfair moratorium on use of forestland

JUDGMENT Sakskoburggotski and Chrobok v. Bulgaria 02.05.2023 (app. no. 38948/10) see here SUMMARY The case concerned, in particular, a moratorium on the transfer and on the commercial exploitation of former Crown property imposed in 2009. It had been brought by the former King of Bulgaria, Simeon II, and his sister, a former princess. In its […]

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