Judges

Dismissal of judges’ application as out of time, against the failure to appoint a new General Council of Justice. Non-reasoning of time-limits . Violation of the right of access to court

JUDGMENT Lorenzo Bragado and others v. Spain 22.06.2023 (app. no. 53193/21, 53193/21, 53707/21, 53848/21, 54582/21, 54703/21, and 54731/21) see here SUMMARY The case concerned the appointment process for membership of the General Council of the Judiciary (“the GCJ”), the governing body of the judiciary in Spain. In 2018, the GCJ composition came up for renewal […]

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Disciplinary reduction of salary to a judge for her public statements regarding legislative changes. Violation of the right of freedom of expression

JUDGMENT Sarısu Pehlivan v. Turkey 06.06.2023 (app. no. 63029/19) see here SUMMARY The case concerned a disciplinary penalty imposed by the Council of Judges and Prosecutors (CJP) on the applicant, a judge who at the relevant time was secretary-general of the judges’ trade union, following the publication of an interview she had given to a […]

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The disciplinary sanction of a prosecutor for a matter concerning interference with the autonomy of the prosecution violated freedom of expression. Government’s acceptance of the violation. Deletion of the appeal

JUDGMENT Dogiakos Isidoros against Greece 23.03.2023 (app. no. 10294/17) see here SUMMARY Disciplinary sanction against a prosecutor for introducing the item “Non‑institutional interference of the President of the Court of Cassation in the autonomous administration of the Prosecution Service of the Athens Court of Appeal” to the agenda of the plenary session of the Prosecution Service. […]

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Refusal of the authorities to provide information on the work of the current Judges. Violation of freedom of expression

JUDGMENT SAURE v. GERMANY (No. 2) 28.03.2023 (app. no. 6091/16) see here SUMMARY The applicant is a journalist with Bild, a daily newspaper with a large circulation. He asked for information held by the Ministry of Justice of the Land of Brandenburg concerning judges and a public prosecutor in the Land of Brandenburg who had previously worked for the Ministry […]

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Dismissal of an appeal on points of law against an acquittal judgment because it was not brought within 30 days from the date of the delivery of the judgment but from the date of its registration. Violation of the right of access to a court

JUDGMENT KARANTALIS v. GREECE 31.01.2023 (app. no. 67398/14) see here SUMMARY Dismissal by the Court of Cassation of an appeal on points of law lodged by the public prosecutor at the applicant’s request against an acquittal judgment delivered in criminal proceedings in which the applicant had participated as a civil party. A criminal complaint was […]

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Conviction of a journalist for an article that called a judge a “petty tyrant”! The phrase was a value judgment. Violation of freedom of expression.

JUDGMENT Ekayev v. Russia 10.01.2023 (app. no. 29396/15) see here  SUMMARY The applicant is a journalist, a lawyer and a human rights defender. He founded the newspaper Tverskoy Reporter and published several articles revealing allegedly unlawful activities of the judges of the Tver Regional Court, such as corruption. In October 2011 the applicant published an article […]

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Dismissal of a judge. Application before the Court for violation of fair trial and privacy. Inadmissable application regarding the non-respect of the confidentiality of the friendly settlement

JUDGMENT Camelia Bogdan v. Romania 20.10.2022 (app. no. 32916/20) see here SUMMARY The case concerned disciplinary proceedings against a judge which had resulted in her being barred from office. The Court noted that the applicant had disclosed the particulars of the friendly-settlement negotiations in respect of her case before the Court in the course of […]

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Different judicial treatment in awarding benefits between judges and judicial officers. The different and unjustified treatment violated the ECHR

JUDGMENT Pinkas and others v. Bosnia and Herzegovina  04.10.2022 (app. no. 8701/21 ) see here SUMMARY The applicants, a group of 51 judicial clerks at the State Court, brought a joint civil action with judges from the same court, seeking payment of meal, travel and family separation allowances from 2009 onwards, on the basis of […]

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One of the judges who was appointed to hear the case of the applicant was appointed in violation of the law! Violation of due process

JUDGMENT Besnik Cani v. Albania 04.10.2022 (app. no. 37474/20) see here SUMMARY The case concerned a former prosecutor who was dismissed in 2020 as part of an exceptional process for the re-evaluation of all serving judges and prosecutors – known as vetting proceedings – following a reform of the justice system in Albania, and his […]

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The ECtHR stops the disciplinary proceedings against a Polish military judge regarding the lifting of his judicial immunity in order for him to be prosecuted for abuse of power! The Court decided to indicate interim measures

JUDGMENT Raczkowski v. Poland 12.07.2022 (app. no. 33082/22) see here PRINCIPAL FACTS The applicant, Piotr Raczkowski, is a Polish national who was born in 1961. He is a military judge and critic of the current Government’s judicial reforms. He was also vice-president of the National Council of the Judiciary (NCJ) from 2014 to 2018. The […]

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