Persons Category

The deprivation of the applicant’s right to attend a hearing has violated his right to equality of arms and the right to be heard

JUDGMENT Prebil v. Slovenia 19.03.2019 (no. 29278/16) see here SUMMARY Deprivation of of membership of a company member by the Board of Directors and dismissal  without notice and in absentia. Ratification of a judgment by national courts. Refusal of the Courts for the applicant’s participation in the hearing. The European Court of Human Rights held that the […]

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First decision of the Court against Northern Macedonia with the state’s new name. Judge and change of nationality

JUDGMENT Τasev v. North Macedonia 16.05.2019 (no. 9825/13) see here SUMMARY Change of ethnicity. Denial to a judge on his request to change his ethnicity. Removal from the list of candidates for the State Judicial Council (SJC). The Court considered in particular that the interpretation of the domestic law by the national authorities was not […]

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δικηγόρος

Refusal to grant an allowance. The deprivation of the right to be heard by the parties has violated the right to a fair trial

JUDGMENT  Elisei-Uzun and Andonie v. Romania 23.04.2019 (no. 42447/10) see here SUMMARY  Discrimination between officials. Refusal to grant allowance to specific employees of the Ministry of Justice. Failure to take part in the hearing before the Court of Appeal against the decision to grant benefits. Abolition of allowances due to constitutional legislative changes. The ECtHR […]

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The unfavorable treatment regarding the inheritance of a child born out of wedlock in relation to children born in marriage constitutes a prohibitive discrimination and also violates the right to property

JUDGMENT  Quilichini v. France 14.03.2019 (no. 38299/15) see here SUMMARY Child outside marriage and inheritance rights. Discrimination against the applicant as a child born outside marriage in relation to children born in marriage. The inheritance share of each of the children born in marriage was set at 5/12, whereas the applicant, who was born out […]

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The inability of social welfare authorities to provide appropriate help to overcome the children’s refusal to communicate with their father violated the right to respect for family life

JUDGMENT A.V. v. Slovenia 09.04.2019 ​​(no. 878/13) see here SUMMARY Father and child communication. Negative attitude of children to get in touch with their father. Judicial deprivation of the father of three children of his right to communicate with them. Ineffectiveness of the work of social welfare authorities that failed to ensure safe support of […]

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Defamation proceedings of a judge against a newspaper. Lack of impartiality and violation of the freedom of expression regarding the condamnation of the newspaper

JUDGMENT  Editorial Board of Grivna Newspaper v. Ukraine  16.04.2019 (no. 41214/08 and 49440/08) see here SUMMARY  Defamation proceedings of judge against in a newspaper for two articles referring to him. References to corruption complaints against him and presentation of photographs, one of which showed  him in formal dress and brought the caption: “I will compensate […]

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The contact of the lawyer with his detained client is privilegedly protected by the ECHR and must be unobstructed.

JUDGMENT Altay v. Turkey 09.04.2019 (no. 2) (n. 11236/09) see here SUMMARY Lawyer and prisoner. Confidentiality of meetings. The meetings and communications of the lawyer with his client are dealt with privilege by the ECHR and must be free of obstructions. Request of the prison authorities to attend the meetings between the lawyer and his […]

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φυλακές

The detention of a Supreme Judge in Turkey was illegal and violated the right to freedom and security. Important decision .

JUDGMENT Alparslan Altan v. Turkey 16-04-2019 (no. 12778/17) see here SUMMARY The case concerned the detention of a Turkish Constitutional Court judge following the attempted coup of 15 July 2016. Mr Altan was deprived of his liberty primarily on suspicion of membership of an armed terrorist organisation, FETÖ/PDY. The Constitutional Court found that this constituted […]

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Retroactive application of a law in a trademark protection case violated the Convention

JUDGMENT Kamoy Radyo Televizyon Yayıncılık ve Organizasyon A.Ş. v. Turkey 16-04-2019 (no. 19965/06) see here SUMMARY The case concerned the applicant company’s proceedings to protect a trademark, which led to the domestic courts applying a piece of legislation retroactively and its action being rejected. The Court noted that the Turkish Constitutional Court had subsequently annulled […]

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ECHRCaseLaw

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