Topics Archives

Personal space in a cell from 1.72 to 2.76m consists of inhumane treatment. The act of a judge who reduced the defendant’s sentence did not consists lack of impartiality

Article 3
04/07/2020 10:39

JUDGMENT George-Laviniu Ghiurău v. Romani 16.06.2020 (no. 15549/16) see here SUMMARY Prison conditions. Fair trial, impartiality of judges and examination of witnesses. The applicant was sentenced to 2 years in prison for severe bodily harm. He appealed to Strasbourg, complaining of inadequate detention conditions, a lack of impartiality of judges in the second instance and […]

Arbitrary blocking of websites. A blatant violation of the freedom of expression

Article 10
03/07/2020 10:48

JUDGMENT Vladimir Kharitonov (no. 10795/14), OOO Flavus and others (no. 12468/15, 23489/15 and 19074/16), Bulgakov (no. 20159/15) and Engels v. Russia 23.06.2020 (no.61919/16). see here SUMMARY Internet and freedom of expression. Arbitrarily blocking of websites. The cases concerned different types of blocking measures, including “collateral” blocking (where the IP address that was blocked was shared […]

A scientist was denied the title of forensic expert due to a ministerial decision decause of his posts on his personal blog. Violation of freedom of expression and fair trial due to lack of hearing.

Administrative
02/07/2020 08:55

JUDGMENT Cimperšek v. Slovenia 30.6.2020 (no. 58512/16) see here SUMMARY The case concerned the rejection by the Minister of Justice of Mr Cimperšek’s application to become a court expert owing to a lack of the required personal qualities. The Minister referred to the contents of Mr Cimperšek’s blog and emails he had sent to complain […]

Criticism of a company by a CEO of another company regarding his way of performing his duties is protected by the freedom of expression. Criticism against important companies can be overwhelming.

Article 10
01/07/2020 11:43

JUDGMENT Petro Carbo Chem S.E. v. Romania 30.06.2020 (no. 21768/12) see here SUMMARY The case concerned a civil court order issued to the applicant company to pay symbolic compensation to the Chief Executive Officer (CEO) of the Oltchim company (which was the largest chemicals factory in Romania) for criticising the CEO’s management of the company […]

A new European definition of hate speech? Yes.

Article 10
01/07/2020 07:47

Dr. Andraž Teršek, Professor of Constitutional Law, Faculty of Education, University of Primorska and European Faculty of Law, New University Foreword On the 5th of June (2020) I have concluded my article titled “Constitutional Remarks on Understanding Freedom of Expression and the Concept of “Hate Speech” in Slovenia – and in Europe,” published on […]

Different disabilities benefits to paraplegic citizens and war veterans. Logical and reasoned distinction of benefits. Non-violation of the ECHR

1st P - Article 1
30/06/2020 18:48

JUDGMENT Popović and others v. Serbia 30.6.2020 (no. 26944/13, 14616/16, 14619/16 and 22233/16) see here SUMMARY The case concerned the applicants’ complaint that the domestic legislation on disability benefits for paraplegics was discriminatory. They alleged in particular that paraplegic civilians such as themselves were awarded fewer benefits than war veterans with the same disability. The […]

Disbarrement of a lawyer by a bar association because he criticized a public judge for tarnishing the reputation of the judiciary. Violation of freedom of expression and privacy.

Article 10
29/06/2020 06:49

JUDGMENT Bagirov v. Azerbaijan 25.06.2020 (no. 81024/12 and 28198/15) see here SUMMARY Disbarrement of a lawyer by a Bar Association. Lawyer’s confidentiality duty. Freedom of expression and the right to privacy. The applicant, a lawyer by profession, disclosed the cause of death of his client’s son. He was suspended from practising law for one year, for […]

Child protection associations. Autonomous de facto right to represent abused children for recourse before the ECtHR

Article 3
28/06/2020 19:33

JUDGMENT Association Innocence en Danger and Association Enfance et Partage v. France 04.06.2020 (no. 15343/15 and 16806/15) see here SUMMARY The case concerned the death in 2009 of an eight-year-old girl (M.) as a result of abuse by her parents. The applications were lodged by two French child protection associations. The Court found that the “report […]

The request for an examination of a witness must include why it is a) important to examine the witness and b) necessary to prove the truth.

1st P - Article 1
27/06/2020 14:43

JUDGMENT Zirnīte v. Latvia 11.06.2020 (no. 69019/11) see here SUMMARY Request and right to examine witnesses. Conditions. Proper penalty for confiscation of assets. The applicant was charged with embezzlement and money laundering. She was acquitted in the first instance, but in an appeal filed by the Prosecutor, the Court of Appeal annulled the first instance […]

Personal hearing of an applicant consists the basis of a fair trial. The Court does not justify the ban even regarding an individual who seduced a mentally retarded woman

Article 6 - Par. 1
26/06/2020 18:46

JUDGMENT Evers v. Germany 28.05.2020 (no. 17895/14) see here SUMMARY Personal hearing of an applicant, access to a case file, reason for a decision and a fair trial. The applicant was charged with sexual abuse of his ancestor, who was diagnosed with mental retardation. The domestic courts, following legal proceedings initiated by the commissioner, prohibited […]

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