Persons Category

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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Prohibition of entry into Switzerland for 7 years of a convicted of drugs did not violate his family life

JUDGMENT Κ.Α. v. Switzerland 07.07.2020 (ap. no. 62130/15) see here SUMMARY The case concerned the dismissal of the applicant’s request for an extension of his residence permit and the order imposing a temporary prohibition on entry to Switzerland, issued against him following his criminal conviction for a drug-related offence. The applicant was expelled from Switzerland, […]

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Asylum seekers lived on the streets for several months without financial assistance despite legal provisions. Humiliating treatment from France

JUDGMENT N.H. and others v. France 02.07.2020 (app. no.28820/13, 75547/13 and 13114/15) see here  SUMMARY The applications concerned five asylum-seekers, single men, living in France. They complained that they had been unable to receive the material and financial support to which they were entitled under French law and had thus been forced to sleep rough […]

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φυλακές

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

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 […]

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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.

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 […]

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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.

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 […]

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

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 […]

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The birth certificate, which implied that the child had not been baptized, violated the family’s right not to disclose their religious beliefs.

JUDGMENT Stavropoulos and others v. Greece 25.06.2020 (no. 52484/18) see here SUMMARY The case concerned the practice of certain registry offices in Greece indicating on birth certificates when a child is named by a civil act. Stavroula-Dorothea Stavropoulou and her parents, the applicants in the case, complained in particular that the handwritten note “naming” on […]

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Adoption of a child without the consent of the mother. Violation of family life. The Court calls for the restoration of the biological mother-child communication!

JUDGMENT Omorefe v. Spain 23.06.2020 (no. 69339/16) see here SUMMARY The case concerned the placement in foster care and subsequent adoption of a child and the inability of the biological mother to retain contact with him. In 2009 the applicant, Ms Omorefe, asked for her son (born in 2008) to be taken into care by […]

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Business license is property protected by the European Convention of Human Rights

JUDGMENT Gospodăria țărănească Chiper Terenti Grigore v. Democracy of Moldova 02.06.2020 (no. 71130/13) see here  SUMMARY Limits of state intervention in business activity. Mining operation permit is conceptually included in the property. The applicant company is engaged in the extraction of limestone, gravel and sand. In an investigation conducted by the competent Attorney General, the […]

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ECHRCaseLaw

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