Administrative

απαλλοτρίωση

The non-execution of decisions to remove illegal constructions was unjustified. Violation of the right to a fair trial and the right to respect of property

JUDGMENT Vlahović v. Montenegro 22.02.2024 (app. no. 62444/10) see here SUMMARY Failure to enforce a court judgment and administrative decisions in favour of the applicant in relation to a property dispute. The applicant was a co-owner of two plots of land. Another co-owner, without prior approval from the other co-owners, including the applicant, and without […]

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Dismissal of judges for their vote in a decision! Violation of privacy and fair trial

JUDGMENT Ovcharenko and Kolos v. Ukraine 12.01.2023 (app. no. 27276/15 and 33692/15) see here SUMMARY Private life. Dismissal of judges of the Constitutional Court by Parliament for participation in a decision, without a clear interpretation of the imputed “breach of oath” and the scope of their immunity. Judicial review of Parliament’s decision to dismiss them […]

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4-month delay in the execution of a court decision granting accommodation to an asylum seeker. Violation of due process

JUDGMENT Camara v. Belgium 18.07.2023 (app. no. 49255/22) see here SUMMARY The case concerned an applicant for international protection who complained that he had been left without accommodation in Belgium, between July and November 2022, despite the decision by which the Brussels French-Language Employment Tribunal had ordered the Belgian State to grant him material assistance […]

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Total duration of 5.5 years in two degrees of jurisdiction before the administrative courts. Breach of reasonable time

JUDGMENT Nikas v. Greece  06.07.2023 (app. no. 34649/19) see here SUMMARY Excessive length of proceedings before administrative courts. The applicant complained about the excessive length of the proceedings before the administrative courts. In particular, the proceedings in the administrative courts lasted 5 years, 6 months and 29 days for two degrees of jurisdiction. The appellant […]

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Dismissal of Supreme Court Judge for not justifying the acquisition of property and not declaring his previous criminal involvement. Violation of a fair trial because he was not given an opportunity to defend himself

JUDGMENT Thanza v. Albania 04.07.2023 (app. no. 41047/19) see here SUMMARY The case concerned the vetting of the applicant by the authorities, which had resulted in his dismissal from his post as a Supreme Court judge. The Court found in particular, as regards Article 6, that Mr Thanza had not been given an adequate opportunity […]

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Dismissal of judges’ application as out of time, against the failure to appoint a new General Council of Justice. Non-reasoning of time-limits . Violation of the right of access to court

JUDGMENT Lorenzo Bragado and others v. Spain 22.06.2023 (app. no. 53193/21, 53193/21, 53707/21, 53848/21, 54582/21, 54703/21, and 54731/21) see here SUMMARY The case concerned the appointment process for membership of the General Council of the Judiciary (“the GCJ”), the governing body of the judiciary in Spain. In 2018, the GCJ composition came up for renewal […]

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Dismissal of corporate applications alleging a breach of their right to adversarial proceedings and equality of arms due to national security grounds

JUDGMENT UAB AmbercoreDC and UAB Arcus Novus v. Lithuania and UABBraitin v. Lithuania 13.06.2023 (app. no. 56774/18 and 13863/19) see here SUMMARY Both cases concerned decisions refusing the applicant companies permission to proceed with planned business projects in Vilnius because they were a threat to national security as their shareholders had links either to the […]

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Appellant’s complaint challenging an administrative decision by the criminal courts. The application was struck out from the list of the Court

JUDGMENT Stassart v. France 04.05.2023 (app. no. 79356/17) see here SUMMARY The case concerned the criminal proceedings for tax fraud brought against the applicant. He alleged that the discrepancy between the solution adopted by the criminal courts and that previously adopted by the administrative courts on the same issue, which was decisive for the outcome […]

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Refusal of the authorities to provide information on the work of the current Judges. Violation of freedom of expression

JUDGMENT SAURE v. GERMANY (No. 2) 28.03.2023 (app. no. 6091/16) see here SUMMARY The applicant is a journalist with Bild, a daily newspaper with a large circulation. He asked for information held by the Ministry of Justice of the Land of Brandenburg concerning judges and a public prosecutor in the Land of Brandenburg who had previously worked for the Ministry […]

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