Administrative Archives

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

Administrative
20/09/2022 06:33

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 […]

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

Administrative
27/06/2022 06:50

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 […]

Delayed execution of a decision concerning the demolition of a building after 15 years. Violation of a fair trial

Administrative
14/06/2022 06:58

JUDGMENT Zoidaki – Georgakopoulou v. Greece 02.06.2022 (app. no. 44038/13) see here SUMMARY Reasonable time for the execution of court decisions. Excessive delay in the execution of two court decisions. Lack of a real remedy for compensation due to the delay in the execution of a decision. The first court decision was issued in November […]

Civil servant appointment after 4 years and 8 months after the issuance of a court decision! Violation of a fair trial

Administrative
06/06/2022 07:07

JUDGMENT Mastrogiannis v. Greece 02.06.2022 ( app. no. 34151/13) see here SUMMARY Execution of a court decision appointing a civil servant after a long period of time. Fair trial and effective appeal. The applicant was deemed to have been appointed to a public service following a court decision by the Athens Administrative Court of Appeal, […]

Non-execution of court decisions for revocation of expropriations. Violation of the right to a fair trial. Greece’s condemnation

Administrative
05/06/2022 17:05

JUDGMENT The Church of Greece v. Greece 02.06.2022 (app. no. 25207/2013) see here SUMMARY Non-execution of irrevocable court decisions for lifting expropriations. Obligation for speedy execution of court decisions. The Athens Administrative Court of Appeal, with its decisions no. 1429/2001, 1430/2001, 1703/2001, 1704/2001 and 1705/2001 ordered the administration to take the appropriate measures to revoke […]

Retroactive application of a law that reduced pensions, while the case was pending before the courts. Violation of a fair trial and the rule of law

Administrative
19/02/2022 16:58

JUDGMENT D’Amico v. Italy 17.02.2022 (app. no. 46586/14) see here SUMMARY Retroactive application of a more unfavorable law for the beneficiary’s pension while the procedure for the amount of the pension was pending in the courts. Fair trial and rule of law. The applicant was receiving a widow’s pension. A new law on the calculation […]

The parent must be able to change the place of residence of his/her child when there is an emergency and the best interest of the latter requires it!

Administrative
13/02/2022 11:22

JUDGMENT Plazzi v. Switzerland 08.02.2022 (app. no. 44101/18) see here SUMMARY Impossibility of suspending the execution of an administrative act. Accommodation of a minor child. His best interest and urgency. Jurisdiction of a court after the transfer of the place of residence of a minor abroad. Right of access to court. In the Plazzi case, […]

State refusal to provide a home nurse to an 85-year-old disabled person! Decisions concerning persons with disabilities must take into account their individual autonomy and independence

Administrative
09/02/2022 07:41

JUDGMENT Jivan v. Romania 08.02.2022 (app. no. 62250/19) see here SUMMARY Disabled persons. Positive obligations of the state. The applicant is 85 years old and has become disabled due to amputation of his leg, and is unable to support himself. He applied for an allowance to hire a home nurse. The domestic authorities rejected his […]

Denial of access to classified presidential records for the sake of national security did not infringe on freedom of expression

Administrative
07/02/2022 07:30

JUDGMENT Šeks v. Croatia 03.02.2022 (app. no. 39325/20) see here SUMMARY The case concerned a retired politician’s complaint that his request for access to classified presidential records in order to carry out research for a book had been denied on national security grounds. The Court noted in particular that the President’s decision refusing to declassify […]

Appointment of supreme court judges by a body elected by the Parliament. Illegal operation of the court and lack of impartiality and independence

Administrative
05/02/2022 17:28

JUDGMENT Advance Pharma SP. Z O.O v. Poland 03.02.2022 (app. no. 1469/20) see here SUMMARY The case concerned a complaint brought by the applicant company that the Civil Chamber of the Supreme Court, which had decided on a case concerning it, had not been a “tribunal established by law” and had lacked impartiality and independence. […]

Administrative