Article 6 Archives

Dismissal of a police officer who was driving under the influence of alcohol. The disciplinary procedure is independent of the criminal proceedings. No violation of the presumption of innocence!

Article 6 - Par. 2
30/07/2021 20:12

JUDGMENT Istrate v. Romania 13.04.2021 (app. no. 44546/13) see here SUMMARY The applicant police officer was arrested for driving while intoxicated. He was dismissed by a decision of the disciplinary council on the grounds that as a police officer he had a special legal obligation to comply with the law and his behavior was particularly […]

No summoning of the accused, no representation of him before the Court of Appeals and his conviction in absentia for rape! Violation of a fair trial

Article 6 - Par. 1
26/07/2021 19:05

JUDGMENT Mirčetić v. Croatia 22.04.2021 (app. no. 30669/15) see here SUMMARY According to the ECtHR, in order to establish a fair trial in criminal proceedings, the presence of the accused is required in both the first and second instance courts, which adjudicates the case on the merits and has the jurisdiction to annul the first […]

Serious irregularities in the appointment of judges to the newly established Disciplinary Department of the Supreme Court following legislative reform. Violation of a fair trial

Article 6 - Par. 1
22/07/2021 19:46

JUDGMENT Reczkowicz v. Poland 22.07.2021 (app. no. 43447/19) see here SUMMARY Establishment of a court in accordance with the law. Disciplinary Department. Fair trial. A lawyer complained that the Disciplinary Division of the Supreme Court of Poland, which had ruled on her case, was not a “court established by law” and suffered from a lack […]

Disciplinary sanction of suspension of duties imposed by an administrative body without the possibility of going to court! Violation of a fair trial

Administrative
21/07/2021 19:39

JUDGMENT Loquifer v. Belgium 20.07.2021 (app. no. 79089/13, 13085/14 and 54534/14). see here SUMMARY The applicant a retired judge was a non-judicial member of the Supreme Judicial Council (“CSJ”). The CSJ imposed on her the disciplinary sanction of suspension from her duties due to criminal prosecution against her for forgery with use. The domestic law […]

Rejection of a preliminary ruling to the CJEU without reason. Violation of a fair trial

Article 6 - Par. 1
16/07/2021 19:43

JUDGMENT Bio Farmland Betriebs S.R.L. v. Romania 13.07.2021 (app. no. 43639/17) see here SUMMARY Fair trial and EU law. Rejection by the Court of Appeal of a request for a referral to the Court of Justice of the European Union (CJEU). Administrative dispute for subsidy of an agricultural company from the European Agricultural Fund for […]

Rejection of men’s application for parental leave constitutes gender discrimination and violates family life!

Article 14
14/07/2021 19:49

JUDGMENT Gruba and others v. Russia 06.07.2021 (app. no. 66180/09, 30771/11, 50089/11 and 22165/12) see here SUMMARY Universal right to parental leave regardless of gender. Refusal to grant parental leave to men. Gender discrimination. Family life. Involvement of a prosecutor in a civil trial. Violation of equality of arms. The four applicants are male police […]

Compensation claims of environmental protection associations for radioactive waste were deemed inadmissible. Disproportionate restriction of the right of access to court

Article 10
03/07/2021 18:57

JUDGMENT Association BURESTOP 55 and Others v. France 1.7.2021 (applications nos. 56176/18, 56189/18, 56232/18, 56236/18, 56241/18, 56247/18) see here SUMMARY The case concerned environmental protection associations which were opposed to the planned industrial geological storage centre known as Cigéoon the Bure site along the boundaries of the départements of Meuse, Haute-Marne and Vosges, in the […]

Criminal investigation into the death of Yasser Arafat. No violation of the right of the daughter and his widow to be heard

Article 6 - Par. 1
01/07/2021 19:16

JUDGMENT El Kodwa Arafat v. France 1.7.2021 (app. no. 82189/17) see here SUMMARY Criminal investigation, fair hearing and evidence. The applicants, a widow and daughter of Yasser Arafat, had complained of a breach of their right to a fair hearing, in proceedings in which they participated in support of the prosecution, after their lawsuits against […]

Remand in custody of a supreme judge for participation in a criminal organization, waiver of his immunity and temporary detention for 2 years and 8 months! Violation of the right to personal liberty

Article 5
30/06/2021 18:35

JUDGMENT Tercan v. Turkey 29.06.2021 (app. no. 6158/18) see here SUMMARY Right to temporary freedom and security. Immunity of judges and conviction without sufficient evidence. The applicant is a professor at the Law School and a High Judge of the Turkish Constitutional Court. He was arrested after the July 15, 2016 coup in Turkey, on […]

Violation of the presumption of innocence by the phraseology of the decision referred to trial! Violations for unjustified extensions of temporary detention

Article 5
23/06/2021 20:41

JUDGMENT Vardan Martirosyan v. Armenia 15.06.21 (app, no. 13610/12) see here SUMMARY Referral court decision to a detainee trial for attempted drug trafficking and violation of the presumption of innocence by the phraseology of the decision. A domestic court had stated in its decision to refer the plaintiff to trial that the referral was made […]

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