JUDGMENT Melgarejo Martinez de Abellanosa v. Spain 14.12.2021 (app. no. 11200/19) see here SUMMARY Court’s decisions reasonong. Contradictory case law on the same issue. Fair trial. The applicant brought an action for a double breach of the fair trial due to a lack of reasoning in the decision and conflicting case-law. Part of the applicant’s […]
JUDGMENT Kooperativ Neptun Servis v. Russia 23.11.2021 (app. no. 40444/17) see here SUMMARY Decision to demolish an arbitrary shopping center. Right to respect for property. Access to judicial protection against executors of regulatory decisions of the administration. The applicant company set up a shopping center in Moscow, which it operated through various business activities. The […]
JUDGMENT Dolińska-Ficek and Ozimek v. Poland 8.11.2021 (app. no. 49868/19 and 57511/19) see here SUMMARY The case concerned complaints brought by two judges that the Chamber of Extraordinary Review and Public Affairs of the Supreme Court, which had decided on cases concerning them, had not been a “tribunal established by law” and had lacked impartiality […]
JUDGMENT Gumenyuk and others v. Ukraine 22.07.2021 (app. no. 11423/19) see here SUMMARY Judges’ private life. Prohibition by law for supreme judges to participate in the Supreme Court without being fired. The appointment of judges to the Supreme Court was determined by a competition, in which the already appointed supreme judges had to participate. Lack […]
JUDGMENT Loquifer v. Belgium 20.07.2021 (app. no. 79089/13, 13085/14 and 54534/14). see here SUMMARY The applicant a retired judge was a non-judicial member of the Supreme Judicial Council (“CSJ”). The CSJ imposed on her the disciplinary sanction of suspension from her duties due to criminal prosecution against her for forgery with use. The domestic law […]
JUDGMENT Broda and Bojara v. Poland 29.06.2021 (app. no. 26691/18 and 27367/18) see here SUMMARY Judges and the right of access to justice. Absence of an appeal against decisions of the Minister of Justice, by which he terminated prematurely the term of office of the appellant Vice-Presidents of the Kielce District Court. The Court emphasized […]
JUDGMENT Trivkanović v. Croatia (no. 2) 21.01.2021 (app. no. 54916/16) see here SUMMARY Refusal to reconsider a decision concerning the applicant’s trial against the State in view of new evidence of the disappearance and death of her two sons and her husband, who had been arrested in 1991 by the police. During the initial trial, […]
JUDGMENT National Movement Ekoglasnost v. Bulgaria 15.12.2020 (αρ. προσφ. 31678/17) see here SUMMARY The case concerned the applicant association’s being ordered to pay allegedly excessive costs to a nuclear power plant in proceedings for the reopening of a civil trial. The Court found in particular that the Supreme Administrative Court had failed to give sufficient […]
JUDGMENT Xhoxhaj v. Albania 09.02.2021 (app. no. 15227/19) see here SUMMARY The case concerned a Constitutional Court judge who had been dismissed from office following the outcome of proceedings commenced in relation to her, as part of an exceptional process for the reevaluation of suitability for office of all judges and prosecutors in the country, […]
JUDGMENT Edizioni Del Roma Societa Cooperativa A.R.L. and Edizioni del Roma S.R.L. v. Italy 10.12.2020 (app. no. 68954/13 and 70495/13) see here SUMMARY These two cases concerned the financial penalties imposed by the Italian Communications Regulatory Authority (Autorità per le garanzie nelle comunicazioni – “AGCOM”) on the applicant companies, which operated in the publishing field. […]
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