By Article Archives

Retroactive withdrawal of pensions that were granted over a long period, undermines legal certainty and infringes property rights

1st P - Article 1
24/12/2019 18:19

JUDGMENT Romeva v. North Macedonia 12.12.2019 (no. 32141/10) see here SUMMARY Peaceful enjoyment of property rights. Pension. Retrospective recall. Social insurance. The applicant, after legal proceedings, was granted a pension. The Fund, 7 years after retirement, re-examined the data and retrospectively withdrawn the pension without thorough scrutiny of the evidence. According to the ECtHR, any […]

The seizure of computers do not consist evidence in criminal proceedings and the lengty and unnecessary retention of the seizure of assets violated the right to property

1st P - Article 1
23/12/2019 20:53

JUDGMENT OOO SK Stroykompleks and others v. Russia 17.12.2019 (no. 7896/15 and 48168/17) see here SUMMARY Proportionality principle and freezing of assets. Long and unnecessary confiscation of movable property. Violation of the right to property. The applicant companies and their principal shareholder have been frozen by their referral of the major shareholder of the companies […]

The right of ownership was not violated by the revocation of the transfer of immovable property acquired by a non-owner. Deprivation of property must ensure a fair balance between the general interest and the individual right

1st P - Article 1
22/12/2019 19:26

JUDGMENT Maltsev and others v. Russia 17.12.2019 (no. 77335/14, 77417/14 and 77421/14) see here SUMMARY The applicants acquired, through purchase and distribution, ownership of agricultural parcels and registered the relevant titles in the National Land Registry. The transfer was canceled because it was proved within a reasonable time, before investing in the land they purchased, […]

In order to document responsible journalism, one must take into account in addition to the accurate and reliable information provided by journalist, his or her behavior. Irresponsible journalism is not covered by the protection of freedom of expression

Article 10
21/12/2019 17:12

JUDGMENT Zarubin and others v. Lithuania 19-12-2019 (no. 69111/17, 69112/17, 69113/17 and 69114/17) see here SUMMARY Protection of the public interest and freedom of expression. Deportation from Lithuania and a ban on the re-entry of four Russian journalists working for the Russian state broadcaster after their actions at a conference in Vilnius. The Court was […]

The adoption of children against the wishes of their mothers and the failure to take family reunification measures violated their family life.

Article 8
19/12/2019 07:25

JUDGMENT A.S. v. Norway (no. 60371/15) Abdi Ibrahim v. Norway (no. 15379/16) SUMMARY The cases concerned decisions by the Norwegian authorities and courts to take the applicants’ children into care at a young age and then in the first case to refuse to terminate long-term foster care for the child and in the second to […]

Exclusion of a candidate from parliamentary elections without sufficient guarantees. Violation of the right to free elections

1st P - Article 3
17/12/2019 10:14

JUDGMENT Abil v. Azerbaijan 5.12.2019 (no. 2) (appl. no. 8513/11) see here SUMMARY The case concerned the applicant being disqualified from running in parliamentary elections. The Court found that the procedures used by the election authorities, who had found the applicant liable for illegal campaigning before the permitted date, which had led to his disqualification, […]

Children born to a surrogate mother abroad. Does the refusal to register the birth certificate where it stated as the mother the “intended” mother rather than the biological one violate family life?

Article 8
15/12/2019 19:34

JUDGEMNT C and E v. France 12.12.2019 (no. 1462/18 and 7348/18) see here SUMMARY Birth through a surrogate mother and the right to have a parental relationship with the person who the child wants. Refusal by the French authorities to enter into the French register full details of birth certificates of children born through a […]

The reasoned home investigation did not violate the right to privacy. Seizure of documents in order to conduct an investigation is a bearable restriction on the freedom of expression

1st P - Article 1
14/12/2019 17:59

JUDGMENT Man and others v. Romania 12.12.2019 (no.39273/07) see here SUMMARY The case originated in accusations against an investigative journalist, Liviu Aurel Man, and his team for operating a blackmailing network. The applicants, Mr Man, his wife and their media companies, brought multiple complaints under the Convention, essentially connected to the search-and-seizure operation at their […]

Failure to exercise the communication rights of a father with his daughter for eight years due to the mother’s opposition violated the father’s right to family life

Article 8
13/12/2019 20:26

JUDGMENT Luzi v. Italy 5.12.2019 (no. 48322/17) see here SUMMARY The applicant’s inability to exercise his right to communicate with his daughter due to the mother’s opposition. The Court found that, in view of the mother’s opposition, which had been going on for eight years, the national authorities had not taken all the necessary measures […]

Ongoing detention of human rights defender violates the ECHR

article 18
12/12/2019 21:18

JUDGMENT Kavala v. Turkey 10.12.2019 (no. 28749/18) see here SUMMARY In this case, Mr Kavala, a businessman who has been involved in setting up numerous nongovernmental organisations (“NGOs”) and civil-society movements which are active in promoting and protecting human rights, argued that his arrest and placement in pre-trial detention had been unjustified. The Court noted […]

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