Article 6 Archives

The prohibition of Islamic veil in public places and the balancing of fundamental rights in a democratic society

Article 6
22/07/2018 11:19

JUDGMENT Dakir and Belgium 11-07-2017 (no. 4619/12) see here SUMMARY The applicant was born and lives in Belgium. In June 2008, the municipalities of Pepinster, Dison and Verviers adopted a municipal by law banning garments or clothes that hid the face all the time in all public places. In August 2008, the applicant, who was […]

No further action can be taken on the same facts because the ECtHR case-law has changed

Article 3
20/07/2018 14:58

JUDGMENT Harkins v. United Kingdom 10-07-2017 (no. 71537/14) see here SUMMARY The applicant, who is a British citizen, was accused in Florida of murder and attempted robbery with a firearm. He was arrested in the United Kingdom in 2003, and the US authorities demanded his extradition by assuring the British Government that the death penalty […]

A decision based on secret reports depriving a party of their access violates the right to be heard

Administrative
19/07/2018 15:53

JUDGMENT T.G. v. Croatia 11.07.2017 (no. 39701/14) see here SUMMARY Firearm license. Refusal to renew license. The case concerned the applicant’s complaint concerning the refusal to grant firearm license on the basis of confidential and non-reportable police reports. The administrative courts have decided that the hunting license was not properly renewed on the basis of […]

The voice of the parties to all degrees is a “guarantee” for the right to be heard

Article 6
13/07/2018 06:24

JUDGMENT Lazarenko and others v. Ukraine 27-06-2017 (no. 70329/12, 9041/13, 9755/13, 15901/13, 27320/13 and 61147/14) see here SUMMARY Failure to communicate the appeal to the parties in a case involving their pensions constitutes an infringement of the right to be heard. PROVISION Article 6 par. 1 PRINCIPAL FACTS The applicants, Gayana Lazarenko, Mykola Demskyy, Lyudmyla […]

Failure to enforce judgments in favor of dismissed workers violates the fair trial and respect for their property.

1st P - Article 1
12/07/2018 07:06

JUDGMENT Krndija and others v. Serbia 27-06-2017 (no. 30723/09, 9370/13, 32658/12 and 2632/09) see here SUMMARY Failure to execute court orders in favor of dismissed employees regarding compensation or reimbursement constitutes a violation of the fair trial and the right to respect for their property. The State is responsible for non-execution of court rulings. Infringement […]

The omissions of the state to enforce judgments cause multiple violations of the ECHR

1st P - Article 1
12/07/2018 06:39

JUDGMENT Bigashev v. Russia 27-06-2017 (no.71444/13) see here SUMMARY Non-execution of court decisions. The applicant complained that work carried out on a public road near his home resulted in his property being flooded several times – and that the local authorities did not enforce a court order to carry out repairs in order to avoid further […]

The non-examination of a substantive witness by the accused violates the fair trial

Article 6
11/07/2018 12:36

JUDGMENT Valdhuter v. Romania 27-06-2017 (no. 70792/10) see here SUMMARY Examination of a witness by a defendant. The case concerned the applicant’s claim that he was not given the opportunity to challenge the examination of a witness whose testimony had been taken into account in his conviction. Romania’s conviction for violation of Article 6 (1) […]

Dismissal due to unreasonable ground of Cassation by the Supreme Court does not affect the fair trial

Article 6
11/07/2018 11:39

JUDGMENT Sturm v. Luxembourg 22-06-2017 (no. 55291/15) see here SUMMARY Right to a fair trial. Rejection of the appeal and of the 14 ground of appeals as unjustified. The ECtHR has ruled that there is no violation by the national courts. PROVISION Article 6 PRINCIPAL FACTS The applicant, Robert Sturm, is a Luxembourg national who […]

The impartiality of the judge is an essential component of the fair trial

Article 6
11/07/2018 11:26

JUDGMENT Ramljak v. Croatia 27-06-2017 (no. 5856/13) see here SUMMARY Unbiased court. The judge who chaired was the father of a apprentice lawyer, who was recruited by the law firm representing the plaintiff’s litigants in a dispute concerning a will, and as the result her actions were dismissed. The European Court of Human Rights held […]

The deprivation of the defendants from the right to be heard amounts to deprivation of a fundamental right of the ECHR

Article 6
04/07/2018 09:41

JUDGMENT Atutxa Mendiola and others v. Spain 13-06-2017 (no. 41427/14) see here SUMMARY Right to be heard. Condemnation of the President and Vice-President of the Basque Parliament by the Supreme Court for failure to comply with a decision to dissolve the parliamentary groups in the various bodies of the Autonomous Communities of the Basque Country […]

Article 6