ECHR Decisions Archives

The request for an examination of a witness must include why it is a) important to examine the witness and b) necessary to prove the truth.

1st P - Article 1
27/06/2020 14:43

JUDGMENT Zirnīte v. Latvia 11.06.2020 (no. 69019/11) see here SUMMARY Request and right to examine witnesses. Conditions. Proper penalty for confiscation of assets. The applicant was charged with embezzlement and money laundering. She was acquitted in the first instance, but in an appeal filed by the Prosecutor, the Court of Appeal annulled the first instance […]

Personal hearing of an applicant consists the basis of a fair trial. The Court does not justify the ban even regarding an individual who seduced a mentally retarded woman

Article 6 - Par. 1
26/06/2020 18:46

JUDGMENT Evers v. Germany 28.05.2020 (no. 17895/14) see here SUMMARY Personal hearing of an applicant, access to a case file, reason for a decision and a fair trial. The applicant was charged with sexual abuse of his ancestor, who was diagnosed with mental retardation. The domestic courts, following legal proceedings initiated by the commissioner, prohibited […]

The birth certificate, which implied that the child had not been baptized, violated the family’s right not to disclose their religious beliefs.

Article 8
25/06/2020 18:28

JUDGMENT Stavropoulos and others v. Greece 25.06.2020 (no. 52484/18) see here SUMMARY The case concerned the practice of certain registry offices in Greece indicating on birth certificates when a child is named by a civil act. Stavroula-Dorothea Stavropoulou and her parents, the applicants in the case, complained in particular that the handwritten note “naming” on […]

Mandatory rental agreements for retirees and the homeless. Violation of the right to the lessor’s property

1st P - Article 1
24/06/2020 19:31

JUDGMENT Kasmi v. Albania 23.06.2020 (no. 1175/06) see here SUMMARY Forced rent for the homeless. Right to the lessor’s property. The plaintiff was obliged by an irrevocable decision of the Supreme Court to impose compulsory leases on apartments owned by him, which had been concluded during the nationalization of his property, but remained active even […]

Adoption of a child without the consent of the mother. Violation of family life. The Court calls for the restoration of the biological mother-child communication!

article 46
23/06/2020 19:19

JUDGMENT Omorefe v. Spain 23.06.2020 (no. 69339/16) see here SUMMARY The case concerned the placement in foster care and subsequent adoption of a child and the inability of the biological mother to retain contact with him. In 2009 the applicant, Ms Omorefe, asked for her son (born in 2008) to be taken into care by […]

Business license is property protected by the European Convention of Human Rights

1st P - Article 1
22/06/2020 08:42

JUDGMENT Gospodăria țărănească Chiper Terenti Grigore v. Democracy of Moldova 02.06.2020 (no. 71130/13) see here SUMMARY Limits of state intervention in business activity. Mining operation permit is conceptually included in the property. The applicant company is engaged in the extraction of limestone, gravel and sand. In an investigation conducted by the competent Attorney General, the […]

Collection and retention by police of non sensitive personal data of a criminal did not violate the right to privacy

Article 8
21/06/2020 08:22

JUDGMENT Ρ.Ν. v. Germany 11.06.2020 (no. 74440/17) see here SUMMARY Personal data and police investigation. The applicant had previously been convicted of several serious offenses. A criminal prosecution was ordered again for accepting and disposing of the proceeds of crime, and the police issued an order to collect photographs of the applicant and fingerprints […]

Necessity to exhaust internal remedies. States cannot be prosecuted in international courts for acts they did not have the opportunity to resolve in their own judicial systems

Article 13
20/06/2020 08:06

JUDGMENT Kaman v, Turkey 04.06.2020 (no. 29798/18) see here SUMMARY The case concerns the applicant’s custody on remand from 29 December 2017 until 25 October 2019, in the aftermath of the attempted coup d’état in July 2016. The Court reiterated that the rule on the exhaustion of domestic remedies was an indispensable part of the […]

Sharia and its application. Greece has one year in order to restore the right of ownership of the applicant. Measures and alternatives

1st P - Article 1
19/06/2020 06:43

GRAND CHAMBER JUDGMENT Molla Sali v. Greece 18.06.2020 (no. 20452/14) Βλ. εδώ SUMMARY The case Molla Sali v. Greece (application no. 20452/14) concerned the application by the Greek courts of Sharia law to an inheritance dispute among Greek nationals belonging to the Muslim minority. In its principal judgment delivered on 19 December 2018 by the […]

A critique of Wrong Constitutional Teaching Regarding the Concept of “Sovereignty of the People” and the Prevailing Model of Constitutional Democracies in Europe

Articles
18/06/2020 10:03

dr. Andraž Teršek, Professor of Constitutional Law, Faculty of Education, University of Primorska and European Faculty of Law, New University Introduction Models of constitutional democracy do matter! By “models” I especially refer to the distinction between monistic, dualistic and foundational models of constitutional democracy (as, for example, described in Bruce Ackerman’s book: We the […]

ECHR Decisions