Administrative Archives

The authorities’ complete and prolonged failure to act following the occupation of a building by housing activists, without any legal title, breached the Convention

1st P - Article 1
13/12/2018 20:51

JUDGMENT Casa di Cura Valle Fiorita S.r.l. v. Italy 13.12.2018 (no. 67944/13) see here SUMMARY The case concerned the applicant company being unable to recover possession of a building in Rome that had been occupied since 2012, without any legal title, by a group of housing activists (movimento lotta per la casa). A final and enforceable judicial […]

Canceling access to a court due to continuous postponements. The condemnation of the Court and how the Greek court has decided that there is no longer any reason to examine the case because of the postponements it has given itself!

Administrative
19/11/2018 09:36

JUDGMENT Frezadou v. Greece 8.11.2018 (no. 2683/12) see here SUMMARY Application for the annulment of a nursery teacher before the Athens Administrative Court of Appeal. Termination of the trial without a decision. Right of access to a court. The applicant, a nursery teacher had applied for the position of educational coordinator abroad . She was […]

Employment-related disputes are not excluded from the scope of “private life”. The dismissal of a judge from his post as President of the Court due to his inability to carry out his managerial duties.

Administrative
25/09/2018 18:38

JUDGMENT Denisov v. Ukraine 25.09.2018 (no. 6639/11) see here SUMMARY The case concerned the applicant’s removal from the post of president of the Kyiv Administrative Court of Appeal. The Court found that the way that the High Council of Justice had first dismissed Mr Denisov as president of the court owing to managerial inefficiency and […]

Lack of impartiality of a court where military officers participated in its bench in a appeal against the army

Administrative
17/09/2018 08:48

JUDGMENT Kasat v. Turkey 11.09.2018 (no. 61541/09) see here SUMMARY Medical health issue during military service and lack of impartiality on the part of the Supreme Military Administrative Court, which dismissed an action for damages against the army. No violation of the right to privacy due to adequate medical examination of the applicant by the […]

Disciplinary sanctions and the violation of the fair trial by the national court that did not postpone the examination of the case and declared the Cancellation Application unacceptable

Administrative
16/09/2018 15:11

JUDGMENT Vathakos v. Greece 28.06.2018 (no. 20235/11) see here SUMMARY Disciplinary sanctions against a secondary school teacher for violation of professional duties. Convicted by a disciplinary court. No objection to the decision. After the expiry of the deadline for objection by the official, the Minister of Education raised an objection to the imposition of a […]

Legitimate hospitalization in a psychiatric hospital without the will of the patient

Administrative
13/09/2018 08:29

JUDGMENT Guelfucci v. France 26.07.2018 (no. 31038/12) see here SUMMARY The case concerned hospitalisation in a psychiatric hospital at the request of the applicant’s father. Ms Guelfucci challenged the lawfulness of her forced hospitalisation. The Court held, in particular, that the criteria permitting an individual to be classified as “of unsound mind” and consequently to […]

Violation of right to a fair hearing for lack of full judicial review of the lawfulness of a dismissal

Administrative
13/09/2018 06:27

JUDGMENT Aleksandar Sabev v. Bulgaria 19.07.2018 (no. 43503/08) see here SUMMARY The case concerned judicial proceedings brought by the applicant, a military intelligence officer, to challenge the lawfulness of his dismissal after his clearance to access classified information had been withdrawn. The Court found that the lawfulness of Mr Sabev’s dismissal depended entirely on whether […]

The abolition of law in the process of examining a pending case violates the fair trial

Administrative
12/09/2018 11:42

JUDGMENT Topal v. the Republic of Moldova 03.07.2018 (no. 12257/06) see here SUMMARY The case concerned judicial proceedings relating to the pension entitlement of Mr Topal, a former President of the Gagauz Republic. During the proceedings, the People’s Assembly of Gagauzia set aside the local law (no. 36-XIX/II) on which Mr Topal was basing his […]

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

1st P - Article 1
11/09/2018 09:36

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 […]

Termination of asylum application with inadequate reasoning and lack of evidence

7th P - Article 1
10/09/2018 07:00

JUDGMENT Ljatifi v. “the former Yugoslav Republic of Macedonia” 17.05.2018 (no. 19017/16) see here SUMMARY The case concerned a complaint brought by a Serbian national, who had been living in “the former Republic of Macedonia” from the age of eight, that she had been ordered to leave the country because she was a risk to national […]

Administrative