Judges

A supreme judge appealed to the ECtHR for long delays in criminal proceedings against her! After being promoted to President of the Supreme Court, she withdrew her application stating that her position should not be used to defend private interests!

JUDGMENT Corbu v. Romania 03.02.2022 (app. no. 52168/18) see here SUMMARY President of the Supreme Court against her country. Excessive length of criminal proceedings against her. Fair trial. Waiver of application and deletion from the list of applications of the ECHR. The applicant is the President of the Supreme Court of Cassation of Romania. In […]

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Journalist convicted for statements against Associations of Judges and Prosecutors! Violation of freedom of expression!

JUDGMENT Freitas Rangel v. Portugal 11.01.2022 (app. no.  78873/13) see here SUMMARY The case concerned the applicant’s conviction for statements made about the professional bodies for judges and for public prosecutors at a hearing of a parliamentary committee. In particular, he had linked the judiciary and the prosecution service to, among other things, interference in […]

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Dismissal of a judge because he benefited a party and was not impartial! Non-violation of respect for his privacy

JUDGMENT Donev v. Bulgaria 26.10.2021 (app. no. 72437 /11) see here SUMMARY The case concerned disciplinary proceedings to dismiss the applicant, a judge and a court president. He complained, in particular, that the Supreme Judicial Council (SJC) and the Supreme Administrative Court had not satisfied the requirements of independence and impartiality set out in Article […]

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The lack of independence of the Supreme Court in the decision to appoint judges violated the right to be heard. Poland must take measures to comply with the decision of the ECtHR

JUDGMENT Dolińska-Ficek and Ozimek v. Poland 8.11.2021 (app. no. 49868/19 and 57511/19) see here SUMMARY The case concerned complaints brought by two judges that the Chamber of Extraordinary Review and Public Affairs of the Supreme Court, which had decided on cases concerning them, had not been a “tribunal established by law” and had lacked impartiality […]

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Imposition of disciplinary sanctions on a judicial officer, due to her critical public statements against judges and the government. Violation of her right to freedom of expression

JUDGMENT Miroslava Todorova v. Bulgaria 19.10.2021 (app. no. 40072/13) see here SUMMARY The case concerned two sets of disciplinary proceedings against the applicant, who had been a judge and the President of the Bulgarian Union of Judges at the relevant time. The Supreme Judicial Council (SJC) ordered a reduction of her salary, followed by her […]

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The visit of the President of the court to the civil party , raised doubts about the impartiality of the Court

JUDGMENT Karrar v. Belgium 31.08.2021 (app. no. 61344/16) see here SUMMARY The case concerned criminal proceedings instituted against Mr Karrar, following which he was convicted of the murder of his two children and sentenced to life imprisonment. Before the Court, the applicant complained of the lack of impartiality of the president of the Assize Court, […]

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Prohibition of Supreme Judges from participating in the Supreme Court by a law issued after their appointment! No right of appeal. Violation of respect for privacy and access to court!

JUDGMENT Gumenyuk and others v. Ukraine 22.07.2021 (app. no. 11423/19) see here SUMMARY Judges’ private life. Prohibition by law for supreme judges to participate in the Supreme Court without being fired. The appointment of judges to the Supreme Court was determined by a competition, in which the already appointed supreme judges had to participate. Lack […]

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δικηγόρος

Serious irregularities in the appointment of judges to the newly established Disciplinary Department of the Supreme Court following legislative reform. Violation of a fair trial

JUDGMENT Reczkowicz v. Poland 22.07.2021 (app. no. 43447/19) see here SUMMARY Establishment of a court in accordance with the law. Disciplinary Department. Fair trial. A lawyer complained that the Disciplinary Division of the Supreme Court of Poland, which had ruled on her case, was not a “court established by law” and suffered from a lack […]

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Disciplinary sanction of suspension of duties imposed by an administrative body without the possibility of going to court! Violation of a fair trial

JUDGMENT Loquifer v. Belgium 20.07.2021 (app. no. 79089/13, 13085/14 and 54534/14). see here SUMMARY The applicant a retired judge was a non-judicial member of the Supreme Judicial Council (“CSJ”). The CSJ imposed on her the disciplinary sanction of suspension from her duties due to criminal prosecution against her for forgery with use. The domestic law […]

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Remand in custody of a supreme judge for participation in a criminal organization, waiver of his immunity and temporary detention for 2 years and 8 months! Violation of the right to personal liberty

JUDGMENT Tercan v. Turkey 29.06.2021 (app. no. 6158/18) see here SUMMARY Right to temporary freedom and security. Immunity of judges and conviction without sufficient evidence. The applicant is a professor at the Law School and a High Judge of the Turkish Constitutional Court. He was arrested after the July 15, 2016 coup in Turkey, on […]

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