Article 8 Archives

By choosing only the criminal law avenue, the applicant was deprived of the possibility of redress, through the civil proceedings, for the alleged damage to his reputation.

Article 8
11/11/2022 07:26

JUDGMENT Mas Gavarró v. Spain 10.11.2022 (app. no. 26111/15) see here SUMMARY The case concerned the publication of a number of articles in the daily newspaper El Mundo which according to the applicant had damaged his reputation. As the Government pointed out, the applicant could have brought an action for the publication of a correction […]

Failure of national authorities to regulate the contact rights of a father with his adult son with Down syndrome. The two-year lack of communication violated the right to family life

Article 8
02/11/2022 07:49

JUDGMENT Bierski v. Poland 20.10.2022 (app. no. 46342/19) see here SUMMARY The applicant, a Polish national, had a son with his wife, who suffered from Down syndrome. After the couple’s divorce, the applicant’s contact with his son was limited. Due to the incapacity of the applicant’s son, a guardian was appointed until the age of […]

Dismissal of a judge. Application before the Court for violation of fair trial and privacy. Inadmissable application regarding the non-respect of the confidentiality of the friendly settlement

Article 8
31/10/2022 07:00

JUDGMENT Camelia Bogdan v. Romania 20.10.2022 (app. no. 32916/20) see here SUMMARY The case concerned disciplinary proceedings against a judge which had resulted in her being barred from office. The Court noted that the applicant had disclosed the particulars of the friendly-settlement negotiations in respect of her case before the Court in the course of […]

Identity check by police officers of Pakistani national due to his nationality. There was no evidence of racial discrimination. No invasion of privacy

Article 14
25/10/2022 08:27

JUDGMENT Muhammad v. Spain 18.10.2022 (app. no. 34085/17) see here SUMMARY Authentication within the legal framework. Sufficient legal scrutiny for the existence of racist motives. The applicant, a Pakistani national, was subjected to an identity check by the police in public, on the street, because of the dark color of his skin. He refused the […]

Refusal of Swedish authorities to grant residence permits to mother and son due to temporary suspension of family reunification. No violation of family life

Article 14
24/10/2022 06:33

JUDGMENT Μ.Τ. and others v. Sweden 20.10.2022 (app. no.22105/18) see here SUMMARY The case concerned the suspension of family reunification in Sweden between July 2016 and July 2019 for those, such as the second applicant, who had been given temporary-protection status. The Court found in particular that Sweden had correctly balanced the needs of society […]

Identity check on a train due to the color of the skin of the passenger. Insufficient judicial review of racially motivated crime. Violation for ineffective investigation

4ο Π-Άρθρο 2
24/10/2022 06:27

JUDGMENT Basu v. Germany 18.10.2022 (app. no. 215/19) see here SUMMARY Identification of a person belonging to an ethnic minority by police officers. The applicant is a German national but of Indian origin. Traveling by train with his daughter, an identity check was carried out by police officers. He claimed that it was done only […]

Former Albanian Central Bank Governor’s application rejected regarding his claim for additional compensation and reinstatement. Dismissal due to non-exhaustion of domestic remedies

Article 8
17/10/2022 06:17

JUDGMENT Fullani v. Albania 13.10.2022 (app. no. 4586/18) see here SUMMARY The case concerned Parliament’s decision in 2014 to dismiss Mr Fullani from office as Governor of the Central Bank of Albania following his arrest on suspicion of abuse of office. He was subsequently acquitted. He brought legal action to challenge his dismissal, and the […]

Difference in treatment, for granting citizenship, between siblings according to date of birth does not constitute discrimination

Article 14
14/10/2022 06:35

JUDGMENT Zeggai v. France 13.10.2022 (app. no. 12456/19) see here SUMMARY The case concerned the rejection of the applicant’s request for a certificate of French nationality. He was born in France, before Algerian independence, to parents who at the time were still French nationals. He has lived continuously in France and his brothers and sisters, […]

Removal of attorneys from trial for misconduct. Non-infringement of due process and privacy

Article 6 - Par. 1
10/10/2022 07:50

JUDGMENT Angerjärv and Greinoman v. Estonia 04.10.2022 (app. no. 16358/18 and 34964/18) see here SUMMARY The applicants, Mart Angerjärv and Maksim Greinoman, are Estonian nationals who were born in 1980 and 1979 and live in Viimsi and Tallinn respectively. They are both lawyers. The case concerns the applicants’ attempts to challenge their removal from civil-court […]

The decision of a depressed woman to undergo euthanasia. National legislation on euthanasia compatible with the ECHR. Violation of the procedural part of Article 2 of the ECHR due to defective procedures

Article 2
10/10/2022 06:57

JUDGMENT Mortier v. Belgium 04.10.2022 (app. no. 78017/17) see here SUMMARY The case concerned the death by euthanasia of the applicant’s mother, without the applicant or his sister having been informed. The applicant’s mother had not wished to inform her children of her euthanasia request in spite of the repeated advice from the doctors. Relying […]

Article 8