Politics Archives

Failure to enforce judicial decisions against US company Cargill: violation of applicants’ right to effective judicial protection

Article 6
12/09/2018 08:25

JUDGMENT Bursa Barosu Başkanlığı and others v. Turkey 19.6.2018 (no. 25680/05) see here SUMMARY The case concerned the failure to enforce numerous judicial rulings setting aside administrative decisions authorising the construction and operation of a starch factory on farmland in Orhangazi (a district of Bursa) by a US company (Cargill). The Court declared the application […]

Supreme Court refusal to examine appeals. Infringement of court access.

Article 6
11/09/2018 06:32

JUDGMENT Sultan v. Republic of Moldova 06.06.2018 (no. 17047/07) see here SUMMARY Dismissal of appeal as unfounded. Refusal to examine an appeal by the Supreme Court. Infringement of Article 6 because the refusal of the Supreme Court to examine the applicant’s appeal had infringed his right of access to a court PROVISION Article 6 PRINCIPAL […]

Late enforcement of a judgment violates the right to a fair trial and protection of property

1st P - Article 1
05/09/2018 08:05

JUDGMENT Vladimirova v. Russia 10.4.2018 (no. 21863/05) see here SUMMARY Late execution of a court order to pay compensation for more than two years and negligence of the investigator in the sugar report in order to facilitate its misappropriation. Infringement of the right to property protection and the right to a fair trial due to […]

Failure to execute an irrevocable decision in order to demolish a building violates the fair trial. Obligation of the State to ensure enforcement of judgments also between individuals.

Article 6
31/08/2018 10:15

JUDGMENT C.M. v. Belgium 13.03.2018 (no. 67957/12) see here SUMMARY Execution of decisions. Neighboring building in opposition with town planning rules and a court decision to demolish it. Sale and transfer of the property from the neighbor to third parties. Ineffective help from the administration in order to force the neighbor to comply with […]

Failure to execute an irrevocable decision to recover assets

1st P - Article 1
30/08/2018 09:38

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 […]

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

Article 6
22/08/2018 07:22

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 […]

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

ECHR Decisions
21/08/2018 09:42

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 […]

Α manifestly absurd judgment violates the fair trial

Article 6
16/08/2018 10:12

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 […]

Access to the courts as a fundamental right of the ECHR

Article 6 - Par. 1
12/08/2018 13:07

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 […]

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

Article 6
06/08/2018 10:45

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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