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Dissolution of a humanitarian association for alleged propaganda in favor of terrorism. Violation of the freedom of association

JUDGMENT Adana TAYAD v. Turkey 21.07.2020 (no. 59835/10) see here   SUMMARY The case concerned the dissolution of the applicant association, known as Adana TAYAD, ordered by the District Court on the grounds of illegal activities of certain members of the association’s board of directors, while the judgments handed down in the proceedings relating to those […]

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The condition of adoption as recognition of the legal relationship between mother and child, born of a surrogate mother, does not constitute discrimination or violation of privacy.

JUDGMENT D. v. France 16.07.2020 (app. no.  11288/18) see here   SUMMARY  The case concerned the refusal to record in the French register of births, marriages and deaths the details of the birth certificate of a child born abroad through a gestational surrogacy arrangement in so far as the certificate designated the intended mother, who was […]

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The awarding of excessive compensation to a member of parliament for harsh political statements violated the freedom of expression. Political speeches need more protection

JUDGMENT Rashkin v. Russia  07.07.2020 (no. 69575/10) see here  SUMMARY Politics and freedom of expression. A member of the opposition  was held responsible for defaming a government official in a harsh political speech. Huge damages awarded. Violation of the freedom of expression of the politician. The accusing member of the opposition, in his speech, accused […]

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The return of the children to the father’s residence, which was their permanent place of residence, did not violate the mother’s right to family life

JUDGMENT Voica v. Romania 07.07.2020 (no. 9256/19) see here   SUMMARY Custody and residence of a child. Best interests of children. The applicant moved with her children to Romania even though their place of residence and that of her ex-husband, with whom she shared custody, was France. The domestic courts ordered the return of the children […]

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Rejection of an appeal due to the time limit. The time limit must start from the knowledge of the adverse consequences of the decisions under appeal. Violation of access to court

JUDGMENT Gros v. Slovenia 07.07.2020 (app. no.  45315/18) see here   SUMMARY Right of access to a Court and procedural deadlines. The case concerned his complaint of having been denied access to a court to challenge municipal decisions to classify paths crossing his land as “public roads”.The Constitutional Court dismissed his appeal as out of time. […]

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The lack of access of a transgender Iranian to a gender recognition process, because his / her registration certificate had not been issued in the country where he / she lived, violated his / her privacy.

JUDGMENT Rana v. Hungary 16.7.2020 (no. 40888/17) see here  SUMMARY The case concerned a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country. The Court noted that the domestic system for gender recognition had excluded the applicant simply because he did not […]

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Establishment of a non-renewable term for judges of the Constitutional Court of Armenia. The ECtHR refuses to issue interim measures.

JUDGMENT REGARDING INTERIM MEASURES Gyulumyan and others v. Armenia 08.07.2020 (no.  25240/20) SUMMARY  Non-renewable term in the constitutional court and the need to take interim measures due to impending irreparable damage to judges. In 2015, the Constitution of Armenia was revised, introducing a 12-year non-renewable term for the judges of the Constitutional Court and establishing […]

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Bank restructuring. Only banks and not their shareholders, who were not direct victims, could appeal before the Court

GRAND CHAMBER JUDGMENT Albert and others v. Hungary 07.07.2020 (no. 5294/14) see here SUMMARY The applicant shareholders essentially complained that the new legislation had restricted their right to influence the operation of the banks in which they held shares. The Court found in particular that the acts complained of by the applicants had principally concerned […]

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Abduction of a child by her mother. Non-implementation of the Hague Convention by national courts. Violation of the father’s right to family life

JUDGMENT Michnea v. Romania 07.07.2020 (no.  10395/19) see here  SUMMARY Hague Convention, Brussels Regulation, child custody and best interests of the child. The applicant, a Romanian national, lives in Italy where he and his Romanian wife had a daughter. Without his consent, the wife moved with her child to Romania. The domestic courts rejected the […]

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Rejection of a transgender’s request for a change of his name and gender. Violation of the right to privacy

JUDGMENT Y.T. v. Bulgaria 09.07.2020  (no. 41701/16) see here  SUMMARY The case concerned a transsexual (Y.T.) who had taken steps to change his physical appearance and whose request for (female to male) gender reassignment had been refused by the Bulgarian courts. He claimed that he had become aware of his male gender identity during adolescence […]

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