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 […]
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 […]
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 […]
Dismissal due to unreasonable ground of Cassation by the Supreme Court does not affect the fair trial
JUDGMENT Sturm v. Luxembourg 22-06-2017 (no. 55291/15) see here SUMMARY Right to a fair trial. Rejection of the appeal and of the 14 ground of appeals as unjustified. The ECtHR has ruled that there is no violation by the national courts. PROVISION Article 6 PRINCIPAL FACTS The applicant, Robert Sturm, is a Luxembourg national who […]
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 […]
JUDGMENT Τek Gıda İş Sendikası v. Turkey 04-04-2017 (no. 35009/05) see here SUMMARY The dismissal of employees in a company due to their participation in a trade union. Judicial denial to recognise the trade union’s representation in the company. Private company Tukaş had called on workers, who were members of the union’s unionist party, to […]
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 […]
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 […]
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 […]