Article 6

Conviction of the accused under the new criminal provisions that were not foreseeable at the time of the act. Violation of the principle no punishment without law

JUDGMENT Tristan v. the Republic of Moldova της 04.07.2023 (app. no. 13451/15) see here SUMMARY The case concerned a former mayor who complained that she had been convicted of an offence with which, in her submission, she could no longer be charged, following an amendment to the provisions of the Criminal Code while the criminal […]

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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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The confession of the accused in the preliminary police investigation without being informed of his rights and without the presence of a lawyer. Violation of the right to fair trial

JUDGMENT Lalik v. Poland 11.05.2023 (app. no. 47834/19) see here SUMMARY The case concerned the applicant’s defence rights and privilege against self-incrimination. In January 2016, while drunk, the applicant set fire to his drinking partner’s jacket, with the latter sustaining severe burns and dying as a result. The applicant was convicted of aggravated murder and […]

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Appellant’s complaint challenging an administrative decision by the criminal courts. The application was struck out from the list of the Court

JUDGMENT Stassart v. France 04.05.2023 (app. no. 79356/17) see here SUMMARY The case concerned the criminal proceedings for tax fraud brought against the applicant. He alleged that the discrepancy between the solution adopted by the criminal courts and that previously adopted by the administrative courts on the same issue, which was decisive for the outcome […]

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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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