ECHR Decisions

The boycott of the trade union under the law of the European Economic Area is illegal. No violation of the freedom of association

JUDGMENT Norwegian Confederation of Trade Unions (LO) and Norwegian Transport Workers’ Union (NTF) v. Norway 10.6.2021 (application no. 45487/17)  see here SUMMARY Trade unions, company boycott within the European Economic Area (EEA). A domestic court ruling that the Norwegian Transport Workers’ Union (NTF) boycott of a shipping company by dock workers was illegal. The boycott […]

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Excessive use of physical force by police during the search of suspects’ homes. Insulting the dignity of the suspects, but not of their family members

JUDGMENT Ilievi and Ganchevi v. Bulgaria 8.6.2021 (no. 69154/11 and 69163/11) see here SUMMARY Home research, excessive use of police force and respect for human dignity. Armed police officers with hoods entered the applicants houses, very early in the morning and without any prior notice of the two applicants, who were suspected of financial crimes. […]

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Denial of recognition of religious association by the state. Discriminatory decision and absence of an effective remedy

JUDGMENT Ancient Baltic religious association Romuva v. Lithuania 8.6.2021 (application no. 48329/19) see here SUMMARY  The case concerned the refusal by the Seimas (the Lithuanian Parliament) to grant to the applicant association the status of a State-recognised religious association. The Court found in particular that the State authorities had not provided a reasonable and objective […]

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Pre trial detention of two journalists for publishing e-mails from a Minister that had already been leaked to Wikileaks. Violation of freedom of expression and personal freedom

JUDGMENT Öğreten and Kanaat v. Turkey 18.05.2021 (app. no.  42201/17 and 42212/17) see here SUMMARY The case concerned the detention (from December 2016 to December 2017) of two journalists for membership of terrorist organisations. Both journalists had published, in the press entities in which they worked, emails from the account of the then Turkish Energy […]

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Mentally ill under compulsory confinement due to theft. The continuation of the measure, despite the adoption of a more favorable law, was legal due to the lack of improvement in their mental health

JUDGMENT Denis and Irvine v. Belgium  01.06.2021 (app. no. 62819/17 and 63921/17) see here SUMMARY The case concerned two applicants who had been placed in compulsory confinement on the basis of the Social Protection Act of 9 April 1930 after having committed acts classified as theft (Mr Denis, in 2007) and attempted theft (Mr Irvine, […]

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The ECtHR ruled that the director of a company was liable for failing to meet its tax obligations

JUDGMENT Busuttil v. Malta 3.6.2021 (αρ. προσφ. 48431/18) see here SUMMARY Presumption of objective liability of the director of a bankrupt company for non-payment of its debts to the State and insurance contributions. The applicant was criminally convicted after leaving the company, although he claimed to be unaware of the company’s financial situation. He asserted […]

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Police failure to prevent far-right intrusion on gay family screening! Violations of the ECHR

JUDGMENT Association ACCEPT and others v. Romania 01.06.2021 (app. no. 19237/16) see here SUMMARY The case concerned a demonstration that had occurred at a screening of a film involving a same-sex family during the applicant association’s LGBT History Month in February 2013. The other five applicants had attended the screening. Although the police had provided […]

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Insufficient safeguards in bulk signals-intelligence gathering. Violation of Article 8 of ECHR

JUDGMENT Centrum för rättvisa v, Sweden 25.05.2021 (app. no. 35252/08) see here SUMMARY The case concerned the alleged risk that the applicant foundation’s communications had been or would be intercepted and examined by way of signals intelligence, as it communicated on a daily basis with individuals, organisations and companies in Sweden and abroad by email, […]

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Violation of privacy due to the referral into a court decision on the sexual preferences and choices of the alleged rape victim! Judicial degradation of gender-based violence

JUDGMENT J.L. v. Italy 27.05.2021 (app. no. 5671/16) see here SUMMARY The case concerned criminal proceedings against seven men who had been charged with the gang rape of the applicant and had been acquitted by the Italian courts. The Court held that the applicant’s rights and interests under Article 8 had not been adequately protected, […]

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Rejection of an application for fostering and adoption, because the foster father was convicted of sexual abuse of minors. Non-violation of the right to family life

JUDGMENT Jessica Marchi v. Italy 27.05.2021 (app. no. 54978/17) see here SUMMARY The case concerned the decision of the Juvenile Court to terminate the pre-adoption placement of a child that the applicant had temporarily fostered. The decision had been taken following the arrest of her husband on charges of child pornography and sexual abuse of […]

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