Fair trial Archives

The courts considered an out-of-date appeal without giving reasons for the out-of-date and without granting an extension of time. Violation of legal certainty

Article 6 - Par. 1
22/11/2023 19:20

JUDGMENT Robuleţ v. the Republic of Moldova 14.11.2023 (app. no. 17935/08) see here SUMMARY Adjudication of an out-of-date appeal by the appeal court without the national court justifying why it considered an out-of-date appeal. The national courts did not justify why they accepted to examine the appeal brought after the legal deadline of 15 days […]

Retroactive application of a new shorter deadline for filing an application in a pending case! Violation of the right to access to court

1st P - Article 1
15/11/2023 16:27

JUDGMENT Legros and others v. France 09.11.2023 (app. no. 72173/17 and 17 others) see here SUMMARY The appeals of the applicants before the administrative courts concerning various issues were rejected as inadmissible with irrevocable decisions because during the litigation, a new shorter deadline for filing an appeal was applied with retroactive effect. The Court found […]

A company administrator was acquitted for non-payment of insurance contributions as not exercising de facto management but for the same period he was convicted of tax violations by administrative courts as exercising management! Violation of the presumption of innocence

Article 6
10/11/2023 09:39

JUDGMENT Paiva De Andrada Reis v. Rortugal 07.11.2023 (app. no. 56564/15) see here SUMMARY Two decisions were issued against the applicant, one criminal and the other administrative. Both were about the same time period. In the criminal decision the applicant, as the manager of the company M., was acquitted by the criminal court of Lisbon […]

Lowering of the retirement age limit for female judges from 67 to 60 compared to 65 for men. Prohibited discrimination based on sex. Invasion of privacy

Article 14
26/10/2023 08:12

JUDGMENT Pająk and others v. Poland 24.10.2023 (app. no. 25226/18, 25805/18, 8378/19 and 43949/19). see here SUMMARY The case concerned four judges who complained about legislative amendments that had lowered the retirement age for judges from 67 to 60 for women, and to 65 for men, and had made the continuation of a judge’s duties […]

Violation of right of access to a court for a Prosecutor General unable to challenge his suspension triggered by criminal proceedings brought against him

Article 6 - Par. 1
25/10/2023 19:54

JUDGMENT Stoianoglo v. the Republic of Moldova 24.10.2023 (app. no. 19371/22) see here SUMMARY The case concerned a Prosecutor General’s alleged inability to appeal against his suspension, which had been triggered by criminal proceedings that had been brought against him. The Court noted, along with the Government, the Constitutional Court and the Venice Commission, that […]

Dismissal of appeal as inadmissible for non-payment of court fees. Violation of the right to due process

1st P - Article 1
29/09/2023 18:49

JUDGMENT SEDRAKYAN v. Armenia 26.09.2023 ( app. no. 5337/13) SUMMARY The applicant’s residence was expropriated and auctioned. He brought an action for damages which was dismissed as inadmissible in the Court of Appeal for non-payment of court fees despite the fact that they had not been precisely determined by the court. The ECtHR found nothing […]

Eight years for issuing a final civil decision! The credibility of the judicial system was undermined and the right of due process was violated

Article 6 - Par. 1
06/09/2023 12:15

JUDGMENT Vanden Kerkhof v. Belgium 05.09.2023 (app. no. 13630/19) see here SUMMARY Correct and speedy administration of justice. The appellant had brought an action in the Belgian courts for annulment of a contract of sale. His case is pending in the appellate court and no decision has been issued after almost 8 years. The applicant […]

Dismissal of judges for their vote in a decision! Violation of privacy and fair trial

Administrative
14/08/2023 22:18

JUDGMENT Ovcharenko and Kolos v. Ukraine 12.01.2023 (app. no. 27276/15 and 33692/15) see here SUMMARY Private life. Dismissal of judges of the Constitutional Court by Parliament for participation in a decision, without a clear interpretation of the imputed “breach of oath” and the scope of their immunity. Judicial review of Parliament’s decision to dismiss them […]

4-month delay in the execution of a court decision granting accommodation to an asylum seeker. Violation of due process

Administrative
19/07/2023 19:59

JUDGMENT Camara v. Belgium 18.07.2023 (app. no. 49255/22) see here SUMMARY The case concerned an applicant for international protection who complained that he had been left without accommodation in Belgium, between July and November 2022, despite the decision by which the Brussels French-Language Employment Tribunal had ordered the Belgian State to grant him material assistance […]

Conviction of the accused under the new criminal provisions that were not foreseeable at the time of the act. Violation of the principle no punishment without law

Article 6
09/07/2023 19:51

JUDGMENT Tristan v. the Republic of Moldova της 04.07.2023 (app. no. 13451/15) see here SUMMARY The case concerned a former mayor who complained that she had been convicted of an offence with which, in her submission, she could no longer be charged, following an amendment to the provisions of the Criminal Code while the criminal […]

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