Important Decisions

The judge must abstain when his / her impartiality is legitimately challenged. Infringement of fair trial when the judge who convicted the accused was the mother’s enemy!

JUDGMENT  Škrlj v. Croatia 11.07.2019 (no. 32953/13) see here  SUMMARY  A judge who was prejudiced against the defendant’s mother heard his case and sentenced him. Lack of fairness and fair trial. The police issued a penalty notice against the applicant for two traffic violations and he appealed before the Offences Court. At the Court of […]

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National courts in child custody cases must take into account evidence presented by a party and carry out a thorough examination of the family situation. Violation of family life.

JUDGMENT  Širvinskas v. Lithuania 23.07.2019 (no. 21243/17) see here  SUMMARY Interest of the child and arrangement of his residence in the event of divorce of his/her parents. The applicant had a daughter with his former wife. Because of personal reasons their marriage ended. The mother did not comply with the original settlement agreement of joined custody […]

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The unexecuted administrative decision for the demolition of dangerous parts of a building violated the right of ownership of the neighboring endangered owner

JUDGMENT   Chatzigiannakou v. Greece (application no. 58774/12)  18.07.2019  see here SUMMARY Failure to enforce a decision entailing the demolition of parts of a building in Athens on account of its non-compliance with anti-seismic regulations. Ms Chatzigiannakou lived next door to the building and she alleged that her house would be at risk if it were […]

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The non enforcement of an administrative decision for the demolition of dangerous parts of a building violated the right of ownership of the neighboring endangered owner.

JUDGMENT Chatzigiannakou v. Greece (application no. 58774/12) 18.07.2019  see here SUMMARY  The case concerned the failure to enforce a decision entailing the demolition of parts of a building in Athens on account of its non-compliance with anti-seismic regulations. Ms Chatzigiannakou lived next door to the building and she alleged that her house would be at risk […]

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Conviction of Greece for slavery! Three Russian victims of trafficking were forced to work as prostitutes. The inadequate legal framework has led to the termination of the proceedings and impunity of the perpetrators!

JUDGMENT Τ.Ι. and others v. Greece 18.07.2019 (no. 40311/10) see here SUMMARY  Prostitutes and a ban on slavery and forced labor. Three Russian women claimed to have been victims of trafficking and even forced to work as prostitutes in Greece. They accused civil servants of participating in human trafficking networks, however, until the preliminary investigation, the […]

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Judge in litigation against administrative courts! The refusal to examine proposed witnesses, the rejection of the requested oral hearing and the inadequate statement of reasons for the judgments violated the right to a fair trial.

JUDGMENT  Bileski v. North Macedonia 06.06.2019 (no. 78392/14) see here   SUMMARY  Violation of the fair trial by the administrative courts. Reasoning of  court judgments. Denial of examination of important witnesses. Dismissal of the oral hearing of the party. Alleged co-operation with the security services of the former Communist regime. In 2012, the Fact Verification Commission […]

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δικηγόρος

Judge impartiality. Participation in court panel, which examined bank executives, a judge whose son was a legal advisor to the same bank, raises suspicions of a lack of impartiality. Failure to examine a witness that was not essential does not violate the fair trial.

JUDGMENT Sigurður Einarsson and others v. Iceland 04.06.19 (no. 39757/15)  see here  SUMMARY  Impartiality  ofJudge and fair trial. Not examination of witness that was not  essential. The conditions for ensuring fair trial are, inter alia, the impartiality of the judge, access to evidence and the examination of witnesses. The applicants, senior executives at Kaupping Bank, […]

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δικηγόρος

First Strasbourg ruling on non-compliance by a state with a ruling by the European Court of Human Rights. Breach of the State’s obligation to enforce the decision.

JUDGMENT Ilgar Mammadov v. Azerbaijan  29.05.2019 (no. 15172/13) see here THE IMPORTANCE OF THE CASE The decision is important as it is the first ECtHR decision not to execute its decision by a member state of the Council of Europe. In accordance with Article 46 of the ECHR, the judgments of the Court are binding […]

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The continuing case-law differentiation between the Chambers and the plenary session of the Council of State on the same subject violates the principle of legal certainty and fair trial

JUDGMENT  Sine Tsaggarakis A.E.E. v. Greece 23-05-19 (no. 17257/13) see here SUMMARY The case concerned divergences between the case-law of the Fourth and Fifth Sections of the Greek Supreme Administrative Court and also between the plenary Supreme Administrative Court and its Fourth Section. The proceedings concerned an application for judicial review brought by the applicant […]

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The inability of social welfare authorities to provide appropriate help to overcome the children’s refusal to communicate with their father violated the right to respect for family life

JUDGMENT A.V. v. Slovenia 09.04.2019 ​​(no. 878/13) see here SUMMARY Father and child communication. Negative attitude of children to get in touch with their father. Judicial deprivation of the father of three children of his right to communicate with them. Ineffectiveness of the work of social welfare authorities that failed to ensure safe support of […]

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ECHRCaseLaw

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