Employees

περιουσία

Government interventions on pensions, in view of the sustainability of the pension system

DECISION  Fábián v. Hungary 05/09/2017 (no. 78117/13) see here SUMMARY The suspension of a pensioner’s pension due to his work in the public sector. Justification for suspending the pension on grounds of protection of the public fund and ensuring the long-term viability of the Hungarian pension system. The applicant had not been significantly burdened since […]

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αστυνομική βία

The practice of police violence in the context of sedentary protests and the violation of the fundamental rights of the ECHR

JUDGMENT Annenkov and others v. Russia 25-07-2017 (no. 31475/10) see here  SUMMARY Sitting protest of Russian entrepreneurs not to demolish the local market and not to build a shopping mall. The male protesters were sentenced to administrative detention up to ten days and all women were sentenced to a fine. Many of the applicants were […]

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Failure to enforce judgments in favor of dismissed workers violates the fair trial and respect for their property.

JUDGMENT Krndija and others v. Serbia 27-06-2017 (no. 30723/09, 9370/13, 32658/12 and 2632/09) see here  SUMMARY Failure to execute court orders in favor of dismissed employees regarding compensation or reimbursement constitutes a violation of the fair trial and the right to respect for their property. The State is responsible for non-execution of court rulings. Infringement […]

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ιδιωτικότητα

Access to computer files by authorities without judicial authorization violates private life

DECISION Trabajo Rueda v. Spain 30-5-2017 (no. 32600/12) see here  SUMMARY Access to computer records by the police without prior court decision and without urgency. Violation of privacy. The applicant went his computer to a store to replace a defective data recorder. The technician noticed that files on the computer contained child pornography material, and […]

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εξευτελιστική μεταχείριση

An ineffective research regarding a work accident consists of a degrading treatment.

JUDGMENT Mažukna v. Lithuania 11-04-2017 (no. 72092/12) see here  SUMMARY  Degrading treatment. Investigation. Work accident. The applicant complained that the pre-trial investigation and criminal proceedings in respect of the work-related accident he suffered, which led to his disfiguration, lasted too long and were ineffective. The Court accepted a violation of Article 3 of the Convention […]

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απεργία

The State has a positive obligation to intervene in cases of dismissal of employees due to their participation in trade unions.

JUDGMENT Τek Gıda İş Sendikası v. Turkey  04-04-2017 (no. 35009/05) see here  SUMMARY  Participation in a trade union. Dismissal of workers, a positive obligation on the part of the state to prevent dismissals. The Turkish judicial authorities refused to recognize representative power in a trade union. This company did not lay off workers who were […]

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Sentences imposed by the administrative courts in spite of acquittals in criminal proceedings: violations of the Convention

JUDGMENT: Kapetanios and others v. Greece 30.04.2015 (nos. 3453/12, 42941/12, 9028/13) see here   SUMMARY: The case concerned the imposition of administrative fines on individuals accused of contraband who had been acquitted of a criminal offence. The Court found in particular that the fact of ordering the three applicants to pay administrative fines, even though they […]

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ECHRCaseLaw

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