Administrative

Arbitrary dismissal of a judge from a judicial council without the right to appeal against the decision. Infringement of the right of access to a court

JUDGMENT Kartal v. Turkey 26.03.2024 (app. no. 54699/14) see here SUMMARY The applicant is a judge and has served as a member of the Judicial and Prosecutorial Review Board. The case concerned the termination of his term of office on the Board of Review under amendments to the legislation of the defendant State. He filled […]

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The failure to transmit the other parties’ observations to the applicant violated due process and fair trial

JUDGMENT Rebac v. Bosnia and Herzegovina 26.03.2024 (app. no. 31832/20) see here SUMMARY In the proceedings before the Constitutional Court, the applicant was not given the opportunity to comment on the observations of the Prosecutor’s Office of the Canton of Posavina and the Municipal Court of Orašje, because this was not provided for by the […]

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The refusal of the courts to examine the merits of the application for partial annulment of the order deprived the applicant of the right of access to a court in breach of Article 6 ECHR

JUDGMENT Hovanisyan v. Armenia 26.03.2024 (app. no. 16480/13) see here SUMMARY Grant of a plot of land to the applicant, for which a provisional certificate of ownership was issued and a certificate of state registration of title was pending. The applicant applied for registration of his title to the National Land Registry, but was refused […]

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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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