Article 6 – Par. 1

Referral to trial of the accused by the investigator’s decision. No violation of the due process in the pre-trial procedure

JUDGMENT Alexandru–Radu Luca v. Romania 14.06.2022  (app. no. 20837/18) see here SUMMARY Pre-trial, arraignment of the accused and fair trial. The applicant complained of a violation of the fair trial when he was referred to the audience after a preliminary investigation by decision of the investigating officer. In particular, he claimed that he did not […]

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Dismissal of a judge for corruption. Failure of the national courts to thoroughly examine arguments about the inauthenticity of the evidence. Violation of the due process

JUDGMENT SHELEG v. Russia 26.07.2022 (app. no. 27494/06) see here SUMMARY The applicant, a judicial officer who was promoted to President, was charged with the offense of corruption. This emerged after telephone conversations which were were intercepted and transcribed and it appears that she has been involved . Following this, the Regional Judicial Qualifications Board […]

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A 4-year delay in issuing a decision related to a pension! Violation of the right to a fair trial due to the nature of the case

JUDGMENT Bieliński v. Poland 21.07.2022 (app. no.  48762/19) see here SUMMARY  Social benefits, pensions and the obligation of states to immediately adjudicate such cases. The applicant complained about  a sudden reduction in his statutory pension. Despite the importance of the case to his livelihood, a decision was issued on his appeal 4 years after it […]

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Rejection of the applicant’s appeal due to a tie vote of the Supreme Court’s judges! There was no violation of the right to due process

JUDGMENT Loizides v. Cyprus 05.07.2022 (app. no. 31029/15) see here SUMMARY The case concerned the trial of Mr Loizides in connection with the Evangelos Florakis Naval Base explosion and in particular the tied verdict on his appeal. Relying on Articles 6 § 1 (right to a fair trial) and 2 (presumption of innocence), 13 (right […]

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A judge was dismissed and prosecuted for his critical views on changes in the judiciary. According to the ECtHR, he had not only the right but also the obligation to defend the rule of law! Violation of the freedom of expression

JUDGMENT Żurek v. Poland 16.06.2022 (app. no.39650/18) see here SUMMARY Mr Żurek is a judge. He was also spokesperson for the National Council of the Judiciary (NCJ), the constitutional body in Poland which safeguards the independence of courts and judges. In that capacity, he has been one of the main critics of the changes to […]

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Rejection of an application for annulment of an arbitral award because it was not filed electronically! Violation of a fair trial

JUDGMENT Xavier Lucas v. France 09.06.2022 (app. no. 15567/20) see here SUMMARY The case concerned a requirement to issue proceedings in the Court of Appeal electronically using the e-barreau platform. The Court of Appeal had held that the applicant’s paper application to set aside an arbitral award could be entertained on the ground that the […]

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Costs disproportionate to the applicant’s income. Violation of the right of access to court!

JUDGMENT Dragan Kovačević v. Croatia 12.05.2022 (app. no. 49281/15) see here SUMMARY The applicant, Dragan Kovačević, is a Croatian national born in 1988 and living in Slatina (Croatia). The case concerns the costs before the Constitutional Court in 2014-15 in which the applicant challenged the decisions of the civil courts which deprived him of his […]

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δικηγόρος

Conviction of a trade union representative for refusing new members! Violation of the freedom of association

JUDGMENT Vlahov v. Croatia 05.05.2022 ( app.  no. 31163/13)  see here SUMMARY The case concerned the right of trade unions to control their membership vis-à-vis the right to freedom of association of would-be members. The applicant, a trade-union representative, complained that he had been convicted in 2010 of preventing 15 would-be members from joining his […]

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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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