Administrative

ιδιοκτησία

The presumption of innocence was violated when a non convicted due to a statute of limitations for tax evasion was later sentenced to compensation on the grounds that he had committed the same crime!

JUDGMENT Agapov v. Russia 06.10.2020  (app. no. 52464/15) see here   SUMMARY Tax evasion, presumption of innocence and protection of property. The applicant, in his capacity as CEO of the company, was charged with tax evasion as the company had failed to pay VAT. The prosecutor did not prosecute the statute of limitations, but the State […]

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Special Appeal before the President of the Republic, who has not responded for 14 years! The action for unjustified delay is inadmissible because it did not concern a court procedure

JUDGMENT Mediani v. Italy 01.10.2020 (aoo. no. 11036/14) see here  SUMMARY The case concerned the length of proceedings relating to a special appeal to the President of the Republic (ricorso straordinario al Presidente della Repubblica). Mr Mediani, who had lodged his appeal in 2004 in order to challenge the decision to revoke his advancement to […]

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δικηγόρος

A scientist was denied the title of forensic expert due to a ministerial decision decause of his posts on his personal blog. Violation of freedom of expression and fair trial due to lack of hearing.

JUDGMENT Cimperšek v. Slovenia 30.6.2020 (no.  58512/16) see here   SUMMARY The case concerned the rejection by the Minister of Justice of Mr Cimperšek’s application to become a court expert owing to a lack of the required personal qualities. The Minister referred to the contents of Mr Cimperšek’s blog and emails he had sent to complain […]

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Incorrect installation of gas water heater by a resident and his death. Non-infringement of the right to life

JUDGMENT Vardosanidze v. Georgia 07.05.2020 (no. 43881/10) see here SUMMARY Death due to poisoning after incorrect installation of gas water heater. Right to life. Essential and procedural part. Positive obligations of the state to protect the right to life. The applicant’s son died of carbon monoxide poisoning after reconnecting an incorrectly installed water heater to […]

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The European Convention on Human Rights does not apply to visa applications submitted to embassies and consulates

JUDGMENT GRAND CHAMBER M.N. and others v. Belgium 05.05.2020 (no. 3599/18) see here SUMMARY The case concerned a couple of Syrian nationals and their two children, who were refused the shortterm visas that they had requested from the Belgian Embassy in Beirut with a view to applying for asylum in Belgium. The applicants claimed that […]

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Prosecutors and judges have the right to criticize legal reforms and cases regarding their independence

JUDGMENT Kövesi v. Romania 05.05.2020 (no. 3594/19) see here SUMMARY The case concerned the applicant’s removal as the chief prosecutor of the National Anticorruption Directorate before the end of her second term following her criticism of legislative reforms in the area of corruption. She alleged that she had also been unable to challenge that decision […]

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Prohibition of discribing a political party as “far-right” on television violates the freedom of expression

JUDGMENT ATV Zrt v. Hungary 28.04.2020 (no. 61178/14) see here  SUMMARY Freedom of expression and journalism. The National Media and Information Authority has banned a television company from describing a political party as “far-right” as part of a news program, as national media law has barred any “opinion” from the news presenter. The TV company […]

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Judicial decisions must be enforced. Inaction of the authorities regarding the non-execution and non-delivery of the property to the owner violated the fair trial

JUDGMENT Nikoloudakis v. Greece  26.3.2020 ( no. 35322/12) see here  SUMMARY Rule of law and enforcement of judgments. The applicants, by irrevocable judgments, were recognized as owners of a property owned by their mother but had been encroached upon by third parties and ordered to return the property to them and demolish the illegal buildings […]

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δικηγόρος

Judge versus lawyer. The unjustified assessment of an eyewitness testimony as unreliable because he was working for a lawyer and the judge’s witness testimonies as reliable, violated the fair trial

JUDGMENT Aslan Ismayilov v. Azerbaijan  12.03.2020 (no. 18498/15) see here SUMMARY Fair trial and reasoning of judicial decisions. Withdrawal of a lawyer license after disciplinary action by a court following a judge’s complaint. Failure of courts to respond to the applicant’s claims and unilateral evaluation of witness testimony against the lawyer and the complaining judge. […]

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Fair trial is infringed when the Turkish Football Federation Arbitration Tribunal is not independent and impartial as it is appointed and influenced by the Federation

JUDGMENT Ali Riza and others v. Turkey 28.01.2020 (no.  30226/10, 17880/11, 17887/11, 17891/11 and 5506/16) see here SUMMARY Football disputes and violation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights on account of the lack of independence and impartiality of the body, the Arbitration Committee of […]

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ECHRCaseLaw

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