Disciplinary Archives

Disciplinary

The deprivation of the defendants from the right to be heard amounts to deprivation of a fundamental right of the ECHR

Article 6
04/07/2018 09:41

JUDGMENT Atutxa Mendiola and others v. Spain 13-06-2017 (no. 41427/14) see here SUMMARY Right to be heard. Condemnation of the President and Vice-President of the Basque Parliament by the Supreme Court for failure to comply with a decision to dissolve the parliamentary groups in the various bodies of the Autonomous Communities of the Basque Country […]

When the victim – the accused himself – brings disciplinary procedures against the complainant and considers him as the President of the institution in the case of the complaint, the fair trial is violated.

Article 6
15/06/2018 11:43

JUDGMENT Paluda v. Slovakia 23-5-2017 (no. 33392/12) see here SUMMARY Disciplinary proceedings against a judge. Access to court. Fair trial. Disciplinary Proceedings against a Supreme Judge over his complaints against the President of the Supreme Court. The initiation of disciplinary action and the imposition on the applicant of a suspension of his judicial duties by […]

Early disciplinary punishment before the criminal justice judgement cancels the presumption of innocence

Article 6
03/05/2018 06:32

JUDGMENT Kemal Coşkun v. Turkey 28-03-2017 (no. 45028/07) see here SUMMARY Presumption of innocence. Early disciplinary decision. The applicant denounced his dismissal by the police and the relative legal proceedings, which he alleged were unfair. During the disciplinary proceedings, the Supreme Disciplinary Board found that the applicant had committed the offenses of rape, assault, and […]

The principle of impartial tribunal also applies to disciplinary proceedings

Article 6 - Par. 1
30/04/2018 10:42

JUDGMENT Sturua v. Georgia 28-03-2017 (no. 45729/05) see here SUMMARY The applicant was appointed President of the Abasha District Court for a period of 10 years. However, in 2004 disciplinary proceedings were instituted against him and removed him from office following a decision by the Disciplinary Board of Judges. He used the legal remedies to […]

The deleted member of an association must be able to bring a case before a court to cancel the deletion.

Article 6
12/04/2018 09:34

JUDGMENT Lovrić v. Kroatia 04-04-2017 (no. 38458/15) see here SUMMARY The deletion by a hunting association, without being able to challenge the decision before a court, violates Article 6 § 1 of the European Convention according to the ECtHR. PROVISION Article 6 par. 1 PRINCIPAL FACTS The applicant, Zvonimir Lovrić, is a Croatian national who […]