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Dismissal and disclosure of civil servants because of their membership in a communist party violated the right to privacy

JUDGMENT Polyakh and others v. Ukraine 17.10.2019 (no. 58812/15, 53217/16, 59099/16, 23231/18, and 47749/18).  see here  SUMMARY The Court first held that the first three applicants’ right to a fair trial had been violated because proceedings on their dismissal had lasted more than four and a half years and were still ongoing. As for the Article 8 […]

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Failure to execute a decision regaridng the mother’s custody of her children until they reach adulthood! The inactivity of the state violated family life

JUDGMENT Milovanović v. Serbia 08.10.2019  (no. 56065/10) see here  SUMMARY,  Child custody. Failure to execute a decision and state responsibilities. Violation of family life. Violation of fair trial the unreasonable length of the proceedings before the Constitutional Court. The national courts irrevocably granted the exclusive custody of the two minor children to the applicant’s mother, whom […]

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απαλλοτρίωση

Paying less compensation for expropriation than the real value of the property violates the right to ownership

JUDGMENT Volchkova and Mironov v. Russia 15.10.2019 (no. 45668/05 and 2292/06) see here  SUMMARY Forced expropriation and non-payment of adequate compensation for the expropriated property. Violation of property right. The applicants are co-owners of a property on which their residence is built. By a municipal decision, their property had to be expropriated  for the construction […]

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Detention conditions in a migrant center in Turkey for a mother and her three young children. Conviction by the Court.

JUDGMENT G.B. and others v. Turkey 17.10.2019 (no. 4633/15) see here  SUMMARY The case concerned the immigration detention of a mother and her three young children pending their deportation from Turkey. They had been released after nearly four months following a series of challenges about the lawfulness of their detention before the domestic courts. The […]

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Failure to allow a psychiatric detainee to attend her mother’s funeral violates her right to family life.

JUDGMENT Solcan v. Romania 08.10.2019  (no. 32074/14) see here   SUMMARY Failure to permit a schizophrenic criminal detainee at a psychiatric clinic to attend her mother’s funeral violated her right to family life. Restrictions on the rights and freedoms of the individual. The applicant, who is suffering from schizophrenia, is involuntarily detained in a psychiatric clinic […]

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The authorities’ failure to provide free drugs to cancer patient due to a state budget restriction violates the right to property.

JUDGMENT Fedulov v. Russia 8/10/2019 (no. 53068/08) see here  SUMMARY The applicant is suffering from cancer. Appropriate free medical care was deemed , but it was unjustifiably discontinued only in the second month of administration. The domestic court dismissed his request for the continuation of the free supply of medicines and reimbursement of costs so far, […]

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Spanish supermarket cashiers covertly filmed by security cameras did not suffer a violation of their privacy rights.The measure was proportionate because of a reasonable suspicion of theft.

JUDGMENT López Ribalda and others v. Spain 17.10.2019 (no. 1874/13 and 8567/13) (GRAND CHAMBER) see here  SUMMARY The case concerned the covert video-surveillance of employees which led to their dismissal. The Court found in particular that the Spanish courts had carefully balanced the rights of the applicants – supermarket employees suspected of theft – and […]

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απαλλοτρίωση

Failure to pay compensation for an expropriation that occurred for more than 50 years violated the right to property.

JUDGMENT Gauci and others v. Malta 08.10.2019  (no. 57752/16) see here  SUMMARY Expropriation, public interest and unpaid compensation. The applicants were deprived of the use of their land because of the forced expropriation. Their land was privatized but for the use of the public interest. Although they were recognized as beneficiaries of compensation by the […]

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