Politics

property

Failure to execute an irrevocable decision to recover assets

JUDGMENT  Pavlovici v. Republic of Moldava  30.01.2018 (no.  5711/03) see here SUMMARY  Failure to enforce an irrevocable decision in favor of the applicant for the recovery of assets. Infringement of Article 6 § 1 (fair trial) and Article 1 of the First Protocol (protection of property) because the failure to enforce an irrevocable decision violates […]

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δίκαιη δίκη

The lack of respect for the principles of an adversarial trial violates the conditions of a fair trial

JUDGMENT Scheszták v. Hungary  21.11.2017 (no. 5769/11) see here   SUMMARY  In 2007 Mr Scheszták, the applicant, filed an action against his former employer, claiming unlawful dismissal. In his complaint to the European Court, he complained that the ensuing labour law proceedings were unfair. He alleged in particular that the Supreme Court had given judgment on […]

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Non execution of decisions of national courts violate the rights of fair trial and the respect for property

JUDGMENT  Kunić and others v. Bosnia and Herzegovina 14.11.2017 (no. 68955/12 ), Spahić and others v. Bosnia and Herzegovina  14.11.2017 (no.  20514/15 ) SUMMARY  Non-execution of irrevocable decisions by national courts. Thirty-two Bosniak and Herzegovina citizens filed a complaint before the ECtHR for protesting against the irreconcilable internal decisions concerning them.  Over the same issue there are more than 400 appeals […]

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δίκαιη δίκη

Α manifestly absurd judgment violates the fair trial

JUDGMENT  Tripcovici v. Montenegro 7.11.2017 (no. 80104/13) see here  SUMMARY  Legal action on the first business day after holidays. The lawsuit was dismissed as out of time because the last day of its exercise expired on the day of public holidays and the National Supreme Court had to be exercised on the last working day […]

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Access to the courts as a fundamental right of the ECHR

JUDGMENT  Nesterenko and  Gaydukov v. Russia 24-10-2017 (no. 20199/14 and 20655/14) see here SUMMARY  Militants are applying before courts for the privatization of the departments granted by the Department of Defense. Their claim was dismissed as inadmissible because they did not submit an application to the Ministry before requesting an application for privatization. No examination of their substantive […]

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In absentia examination of appeal without notification to the party of the appeal violates the fair trial

JUDGMENT  Özgür Keskin v. Turkey  17/10/2017 (no. 12305/09) see here SUMMARY  Labor dispute. Non-re-employment of a worker following his dismissal by the army. Lack of knowledge of the appeal on behalf of the company. Infringement of the right to be heard. PROVISION  Article 6 par. 1 PRINCIPAL FACTS  The applicant, Ozgur Keskin, is a Turkish […]

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δίκαιη δίκη

The voice of the parties to all degrees is a “guarantee” for the right to be heard

JUDGMENT Lazarenko and others v. Ukraine 27-06-2017 (no. 70329/12, 9041/13, 9755/13, 15901/13, 27320/13 and 61147/14) see here   SUMMARY Failure to communicate the appeal to the parties in a case involving their pensions constitutes an infringement of the right to be heard. PROVISION Article 6 par. 1 PRINCIPAL FACTS The applicants, Gayana Lazarenko, Mykola Demskyy, Lyudmyla […]

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Failure to enforce judgments in favor of dismissed workers violates the fair trial and respect for their property.

JUDGMENT Krndija and others v. Serbia 27-06-2017 (no. 30723/09, 9370/13, 32658/12 and 2632/09) see here  SUMMARY Failure to execute court orders in favor of dismissed employees regarding compensation or reimbursement constitutes a violation of the fair trial and the right to respect for their property. The State is responsible for non-execution of court rulings. Infringement […]

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ECHRCaseLaw

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