Administrative

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 […]

read more

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 […]

read more
δικηγόρος

The Court does not review decisions of national courts unless they are unreasonable or arbitrary

JUDGEMNT Sailing Club of Halkidiki ‘I Kelyfos’ v. Greece 21/11/2019 (applications nos. 6978/18 and 8547/18) see here   SUMMARY Halkidiki-based sailing group ” I Kellifos” has appealed to the Council of State due to a gradual increase in the mooring and berthing fees . That Court, after a series of postponements, dismissed the appeal because of a […]

read more

Non enforced housing court decision. The right to bring an action for the non-enforcement of the judgment and the existence of favorable case-law on compensation. The application is inadmissible.

JUDGMENT  Bouhamla v. France  18.07.2019 (no. 31798/16) see here SUMMARY  The case concerned the enforcement of a final judicial decision granting housing to the applicant under the law on the enforceable right to housing. The applicant was ultimately rehoused but he failed to apply to the administrative courts for compensation in respect of the period […]

read more

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 […]

read more

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 […]

read more

First decision of the Court against Northern Macedonia with the state’s new name. Judge and change of nationality

JUDGMENT Τasev v. North Macedonia 16.05.2019 (no. 9825/13) see here SUMMARY Change of ethnicity. Denial to a judge on his request to change his ethnicity. Removal from the list of candidates for the State Judicial Council (SJC). The Court considered in particular that the interpretation of the domestic law by the national authorities was not […]

read more
δικηγόρος

Refusal to grant an allowance. The deprivation of the right to be heard by the parties has violated the right to a fair trial

JUDGMENT  Elisei-Uzun and Andonie v. Romania 23.04.2019 (no. 42447/10) see here SUMMARY  Discrimination between officials. Refusal to grant allowance to specific employees of the Ministry of Justice. Failure to take part in the hearing before the Court of Appeal against the decision to grant benefits. Abolition of allowances due to constitutional legislative changes. The ECtHR […]

read more

National court’s refusal to seek preliminary ruling from the EU Court of justice were not arbitrary nor unreasonable, because the applicant in its first and basic set of proceedings had invoked violation, only of the domestic law of its state and not that of the EU. No violation of fair trial.

JUDGMENT Repcevirag Szövetkezet  v. Hungary  30.04.2019 (no. 70750/14)  see here   SUMMARY  National courts refusal to refer questions to the Court of Justice of the European Union for a preliminary ruling. The applicant company operating in Hungary, was convicted irrevocably for a tax offense. In response to the claims of the tax authorities, the company […]

read more

Unfair establishment of a Court of Appeal due to an illegal appointment of a judge. Infringement of Article 6 of the ECHR

JUDGMENT Guðmundur Andri Ástráðsson v. Iceland  12.03.2019 (no.  26374/18),  see here  SUMMARY The case concerned the applicant’s allegation that the new Icelandic Court of Appeal (Landsréttur) was not established by law. The Court found in particular that the process by which a judge was appointed to the Court of Appeal had amounted to a flagrant […]

read more
ECHRCaseLaw

Χρησιμοποιούμε cookies για να σας προσφέρουμε καλύτερη εμπειρία στο διαδίκτυο. Συμφωνώντας, αποδέχεστε τη χρήση των cookies σύμφωνα με την Πολιτική Cookies.

Privacy Settings saved!
Ρυθμίσεις Απορρήτου

Όταν επισκέπτεστε μία ιστοσελίδα, μπορεί να λάβει κάποιες βασικές πληροφορίες από τον browser σας, κατά βάση υπό τη μορφή cookies. Εδώ μπορείτε να ρυθμίσετε τη συγκατάθεσή σας σε όλα αυτά.

These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site.

We track anonymized user information to improve our website.
  • _ga
  • _gid
  • _gat

Decline all Services
Accept all Services