Administrative

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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Inadequate conditions of detention of a detainee with physical disabilities. Improper medical care. Conviction for degrading treatment

JUDGMENT MACHINA v. THE REPUBLIC OF MOLDOVA 17.01.2023 (app. no. 69086/14) see here SUMMARY Inadequate medical care in prison for an inmate with severe motor disabilities and an infection with HCV which allegedly occurred in prison (Article 3 of the Convention). The applicant, who has suffered from spastic paraplegia (muscle weakness and stiffness affecting the […]

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Arbitrary abduction and deportation of those accused of political extremism. Violation of personal freedom

JUDGMENT A.Y. AND OTHERS v. RUSSIA 17.01.2023 (app. nos. 29958/20 and 2 others) see here  SUMMARY The applicants, A.Y. and F.K. were expelled, while F.K. was abducted and force-transferred to Tajikistan, without any formal investigation. The pre-trial detention of the applicants was ordered in absentia, and international search warrants were issued by the national authorities of […]

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Refusal by the Russian authorities to ensure legal recognition and protection of same-sex couples. Violation of private and family life

GRAND CHAMBER JUDGEMENT Fedotova and others v. Russia 17.01.2023 (app. nos. 40792/10, 30538/14 and 43439/14)  see here SUMMARY The six applicants formed three same-sex couples. On various dates they gave notice of marriage to their local departments of the Register Office. The applicants alleged that they were unable to have their respective relationships recognized and […]

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δικηγόρος

The process of rehiring public servants who had been dismissed lasted 6 years! Violation of reasonable length of the proceedings

JUDGMENT Kuznetsov and others v. Ukraine 12.01.2023 (app. nos. 9988/16, 41238/16 and 44703/19) see here SUMMARY Dismissal of the applicants and duration of the re-employment procedure, in accordance with Article 6 § 1 and Article 8 of the Convention. The applicants were civil servants who had been dismissed from their posts in the civil service […]

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Dismissal of appeal due to ambiguity of the law regarding the application of a new deadline. Violation of due process

JUDGMENT Çela v. Albania  29.11.2022 (app. no.  73274/17) see here SUMMARY Ambiguity as to the entry into force of a new procedural deadline, legal certainty and disproportionate burden on the parties. The applicant filed a constitutional complaint against an irrevocable decision that had been issued after a compensation claim was filed against him. The law […]

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The imposition of an administrative fine of 4.90 euros on a citizen who did not wear his mask in a supermarket. The ECtHR ruled that it does not constitute a penalty. No violation of the due process

JUDGMENT Makovetskyy v. Ukraine 15.09.2022 (app. no. 50824/21) see here SUMMARY The case concerned administrative-offence proceedings against Mr Makovetskyy for refusal to wear a mask in a supermarket, although doing so had been compulsory as part of measures to restrict the spread of the disease Covid-19. The Court held that the domestic courts had not […]

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A judge was dismissed and prosecuted for his critical views on changes in the judiciary. According to the ECtHR, he had not only the right but also the obligation to defend the rule of law! Violation of the freedom of expression

JUDGMENT Żurek v. Poland 16.06.2022 (app. no.39650/18) see here SUMMARY Mr Żurek is a judge. He was also spokesperson for the National Council of the Judiciary (NCJ), the constitutional body in Poland which safeguards the independence of courts and judges. In that capacity, he has been one of the main critics of the changes to […]

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