Administrative

Ireland’s restrictions on mussels company were fair and in line with Convention

JUDGMENT  O’Sullivan McCarthy Mussel Development Ltd v. Ireland  07.06.2018 (no. 44460/16) see here SUMMARY  The case concerned the company’s complaint that the Irish Government had caused it financial losses by the way it had complied with European Union environmental legislation. The company fishes for immature mussels (mussel seed), and then cultivates and sells them when […]

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A game ban violates freedom of expression

JUDGMENT  Unifaun Theater Productions Limited and others v. Malta 15.05.2018 (no. 37326/13) see here   SUMMARY Prohibition of a game due to inappropriate content (the Maltese authorities consider the game a blasphemy, disrespecting the victims of Auschwitz and depicting dangerous sexual preferences relating to child sexual assaults). Complaint regarding a of a violation of the right of […]

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δικαίωμα στη ζωή

Discontinuation of artificial support to a minor. Disagreement between parents and doctors. Thorough examination of the issue from Strasbourg

JUDGMENT  Afiri and Biddarri v. France 25.01.2018 (no. 1828/18) see here SUMMARY  Interruption of artificial support to a minor. Disagreement between doctors and her parents. Thorough examination of the issue of disruption of the technical support from the ECtHR. The domestic authorities had complied with their positive obligations under Article 2 (right to life), so […]

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απεργία

Freedom of assembly is the cornerstone of a democratic society

JUDGMENT  Öğrü and others v. Turkey 19.12.2017 (no. 60087/10) see here   SUMMARY  Peaceful demonstrations and sit-in protest. Condemnation for payment of administrative fines. Impact on the applicants’ financial situation and their role as human rights defenders, which may have a serious negative impact on the exercise of their rights. The national courts have not […]

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Examination of a case without hearing does not violate the fair trial

JUDGMENT Özmurat İnşaat Elektrik Nakliyat Temizlik San. ve Tic. Ε.Π.Ε. Şti. v. Turkey 28.11.2017 (no.  48657/06) see here   SUMMARY  The case concerns the appeal of a company fined for extraction outside the area for which it was licensed. The company’s representatives filed a petition for suspension before the court requesting that the fine be suspended, […]

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δίκαιη δίκη

Α court that examines a case of compensation for a medical error of military doctors is not impartial when two military officers are part of the bench

JUDGMENT  Mehmet Hidayet Altun and others v. Turkey 14.11.2017 (no. 48756/11) see here   SUMMARY  Unbiased Court. Death of soldier from epilepsy during his military service. It is not impartial for the Supreme Military Administrative Court to examine a lawsuit against the army for the death of a soldier when two army officers are involved in […]

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The one who pays a 25 euro fine regarding the road code has also access to the courts

JUDGMENT  Varadinov v. Bulgaria 5/10/2017 (no. 15347/08) see here SUMMARY  Administrative fine for traffic offense. No possibility of legal challenge. Infringement of the right of access to a court. PROVISIONS Article 6 Article 13 PRINCIPAL FACTS  The applicant, Pavel Varadinov, is a Bulgarian national who was born in 1981 and lives in Brestovitsa (Bulgaria). The […]

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δίκαιη δίκη

A decision based on secret reports depriving a party of their access violates the right to be heard

JUDGMENT T.G. v. Croatia 11.07.2017 (no. 39701/14) see here  SUMMARY Firearm license. Refusal to renew license. The case concerned the applicant’s complaint concerning the refusal to grant firearm license on the basis of confidential and non-reportable police reports. The administrative courts have decided that the hunting license was not properly renewed on the basis of […]

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ECHRCaseLaw

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