Fair trial Archives

Civil liability of a history book author for defamatory comments. No violation of the presumption of innocence, nor the freedom of expression

Article 10
22/11/2021 19:48

JUDGMENT Marinoni v. Italy 18.11.2021 (app. no. 27801/12) see here SUMMARY The case concerned a finding of civil liability against the author of a book on account of two sets of remarks deemed by the Italian courts to be defamatory. The book included a reconstruction of the events preceding the summary execution of 43 captured […]

The plaintiff had to pay court costs that was greater than the damages awarded to him! Violation of access to court and respect for property

1st P - Article 1
20/11/2021 18:54

JUDGMENT Čolić v. Croatia 18.11.2021 (app. no. 49083/18) see here SUMMARY The applicant suffered bodily harm following an attack. He filed a lawsuit in the civil courts for compensation. The domestic court accepted his lawsuit, acknowledged the causal link between the attack and the bodily injury he suffered and awarded compensation. However, it ordered the […]

Incorrect application of a decision of the ECtHR in revision proceeding for violation of a fair trial! New violation of the ECHR

Article 6 - Par. 1
19/11/2021 19:43

JUDGMENT Serrano Contreras v. Spain 26.10.2021 (no. 2) (app. no. 2236/19) see here SUMMARY Mandatory validity of ECHR decisions in accordance with Article 46 of the ECHR. On the occasion of the distortion of a decision of the ECtHR by the defendant state, the Court reiterated that its decisions have binding force. States are free […]

Conviction at second instance despite the first-instance acquittal. Non-violation of a fair trial

Article 6
18/11/2021 09:51

JUDGMENT Ignat v. Romania 09.11.2021 (app. no. 17325/16) see here SUMMARY Right to a fair trial. Acquittal at first instance and conviction at second instance. The applicant alleged that his right to a fair trial had been violated because the appellate court had overturned the acquittal initially granted by the appellate court. In particular, the […]

Romania needs to reform its legislation on the legal guardianship of the mentally deficient. Violation of privacy

Article 14
16/11/2021 18:52

JUDGMENT Ν. v. Romania 16.11.2021 (no. 2) (app. no. 38048/18) see here SUMMARY The case concerned proceedings in which the domestic courts, basing their decisions mainly on medical expert opinions, divested the applicant of his legal capacity and placed him under the full authority of a legal guardian. It also concerned the manner in which […]

Dismissal of a judge because he benefited a party and was not impartial! Non-violation of respect for his privacy

Article 6
14/11/2021 18:37

JUDGMENT Donev v. Bulgaria 26.10.2021 (app. no. 72437 /11) see here SUMMARY The case concerned disciplinary proceedings to dismiss the applicant, a judge and a court president. He complained, in particular, that the Supreme Judicial Council (SJC) and the Supreme Administrative Court had not satisfied the requirements of independence and impartiality set out in Article […]

Fine and imprisonment as penalties in a car accident that caused only material damage

7th P - Article 2
11/11/2021 07:57

JUDGMENT Kindlhofer v. Austria 26.10.2021 (app. no. 20962/15) see here SUMMARY Right to dual degree of jurisdiction in criminal matters. A fine of 200 euros or four days’ imprisonment was imposed on the applicant by the police for failing to inform the latter of an accident in which only material damage had been caused. According […]

Non-granting of housing allowance on grounds of the age limit does not constitute a violation of the ECHR

1st P - Article 1
10/11/2021 17:48

JUDGMENT Šaltinytė v. Lithuania 26.10.2021 (app. no. 32934/19) see here SUMMARY The case concerned the applicant’s allegation of discrimination on the grounds of age when she had applied for housing benefit. The courts had refused her application because she had not complied with the upper age limit of 35 under the relevant domestic law. She […]

The lack of independence of the Supreme Court in the decision to appoint judges violated the right to be heard. Poland must take measures to comply with the decision of the ECtHR

Administrative
08/11/2021 20:01

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 […]

The former’s President of the Chamber of Deputies of the Romanian Parliament application is incompatible ratione materiae with the ECHR!

Article 6 - Par. 1
04/11/2021 19:37

JUDGMENT Dragnea v. Romania 04.11.2021 (app. no. 75317/17) see here SUMMARY The case concerned an objection to the enforcement of a judgment sentencing Mr Dragnea (former President of the Chamber of Deputies and former Chair of the Social Democratic Party) to two years’ imprisonment, suspended, for abuse of authority during an election campaign. In the […]

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