By Article

The repatriation of a foreigner who did not substantiate his allegations did not violate the ECHR. Violation due to insufficient research and no granting of an interpreter.

JUDGMENT M.S v. Slovenia and Ukraine 11.06.2020  (no.  17189/11) see here  SUMMARY Asylum applicant, rights of legal representation in a language understood by the applicant, procedural obligations of the State. The applicant, passing through Ukraine illegally, was arrested at the Slovak border. Return to Ukraine as the head of the first host country, where he […]

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Refusal to reopen paternity proceedings dating back 40 years breached the private life of the son

JUDGMENT Boljević v. Serbia 16.06.2020 (no. 47443/14) see here  SUMMARY The case concerned the domestic courts’ refusal to reopen paternity proceedings dating to the 1970s because they were time-barred. The applicant alleged that that decision had denied him the opportunity to prove his origins via modern DNA testing methods. The Court found that, although time-limits […]

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Complaint of rape of a minor. Inadequate investigation and prosecution of a man accused of a more heinous crime than rape violated the procedural part of privacy and the prohibition of humiliating treatment.

JUDGMENT Z v. Bulgaria 28.05.2020  (no.  39257/17) see here  SUMMARY Ineffective judicial inquiry into vulnerable groups. Procedural part of prohibition of inhuman and degrading treatment and respect for privacy. The applicant, a 13-year-old minor, complained to the competent prosecutor’s office that she had been raped by a friend of hers. He provided details and was […]

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Child custody and two different decisions of two different states! Involvement of the CJEU, ECtHR, Italy and Romania!

JUDGMENT S.L. and A.L. v. Italy  04.06.2020 (no. 896/16) see here   SUMMARY The case concerned child custody proceedings between parents of different nationalities (Italian and Romanian). In 2009 the first applicant’s wife brought divorce proceedings, seeking custody of her son, in the Romanian courts, while judicial separation and custody proceedings, brought by the applicant in […]

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Commencement of the statute of limitations for civil claims for killings in a military operation due to their widespread disclosure to the media. Violation of the right of access to a court

JUDGMENT Vujnović v. Croatia  (no. 32349/16) see here  SUMMARY The case essentially concerned the civil proceedings for damages following the death of the applicant’s parents during a military operation by the Croatian army in 1993. The applicant’s claim was ultimately dismissed as statute-barred. The applicant argued that the Supreme Court had been inconsistent when deciding […]

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Return, after a court decision with a delay, of confiscated drinks, when they became unsuitable for consumption. Violation of property rights

JUDGMENT Avendi OOD v. Bulgaria 04.06.2020 (no. 48786/09) βλ. εδώ  SUMMARY Seizure of goods in criminal proceedings. Irrevocable decision on their return. Delay in their return. Right to property. The applicant company is active in the trade of alcoholic beverages. After  search  26,748 liqueur bottles of Baileys was confiscated because they did not bear the […]

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Homophobic comments, hate speech and sentencing into fine payment. Non-violation of the freedom of expression of the commentator

JUDGMENT Carl Jóhann Lilliendahl v. Iceland 11.06.2020 (no. 29297/18) see here SUMMARY The case concerned the applicant’s conviction and fine for homophobic comments he had made in response to an online article. The Court found that the applicant’s comments had amounted to hate speech within the meaning of its case-law. It accepted the Icelandic Supreme […]

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απαλλοτρίωση

Expropriation. Attorneys have the right to file a direct action to seek redress and the attorney’s fees.

JUDGMENT Kandarakis v. Greece 11.06.2020 (no. 48345/12, 48348/12 and 67463/12) see here SUMMARY Payment of legal remuneration and court costs. Right of access. Lawyers’ rights. Rejection, for lack of active legal standing, of the lawyers claim who represented their clients in a case of expropriation. The lawyers demanded that the debtor company deposit the awarded […]

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Provision of meals to Jewish prisoners according to their religion. Respect for their religious freedom by the state authorities

JUDGMENT Erlich and Kastro v. Romania 09.06.2020 (no. 23735/16 and 23740/16) see here  SUMMARY The case concerned the provision of kosher meals to two Israeli prisoners of Jewish faith detained in a Romanian prison. The applicants complained of the failure of the Rahova Prison authorities to provide them with meals complying with the precepts of […]

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Deportation of an immigrant living with his parents and a ban on entering the country for 10 years, due to a large number of his convicts. Non-violation of family life

JUDGMENT Azerkane v. The Netherlands 02.06.2020 (application no. 3138/16) see here   SUMMARY Deportation of an immigrant living with his parents. Right to family life. Non-infringement. It is the right of every state to control its borders and pursue immigration policy. The applicant is a Moroccan national who lived since his birth with his paternal family […]

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