Married couples Archives

Double conviction (imposition of fine and criminal penalty) for arbitrary construction. Violation of the ne bis in idem principle on the issue of construction fine and non-violation of the preservation fine

7th P - Article 4
17/06/2022 08:39

JUDGMENT Goulandris and Vardinogianni v. Greece 16.06.2022 (app. no. 1735/13) SUMMARY Right of the person not to be tried or punished twice. The applicants Georgios Goulandris and Christianna Vardinogianni are a married couple, Greek nationals living in London. They were fined for building two stone walls on their property in Argolida without the required building […]

Exclusion of a couple from in vitro fertilization because the woman was over 43 years old, violated their right to family life

Article 14
16/05/2022 08:12

JUDGMENT Lia v. Malta 05.05.2022 (app. no. 8709/20) see here SUMMARY In vitro fertilization, interpretation and application of the relevant law without the required predictability. The case concerned the authorities ‘refusal to carry out, at the applicants’ expense, Intracytoplasmic Sperm Injection – an assisted reproduction procedure – on the applicant’s’s eggs due her being 43 […]

Freezing of assets in Malta following request by the Kazakh authorities. Disproportionate intervention and violation of respect for property!

1st P - Article 1
08/03/2022 19:46

JUDGMENT Shorazova v. Malta 03.03.2022 (app. no. 51853/19) see here SUMMARY The applicant, Ms Shorazova was born in Kazakhstan and at the relevant time was married to Rakhat Aliyev, who had previously been married to the daughter of the then president of Kazakhstan, Nursultan Nazarbayev and later became his political adversary. The case concerned the […]

Retroactive application of a law that reduced pensions, while the case was pending before the courts. Violation of a fair trial and the rule of law

Administrative
19/02/2022 16:58

JUDGMENT D’Amico v. Italy 17.02.2022 (app. no. 46586/14) see here SUMMARY Retroactive application of a more unfavorable law for the beneficiary’s pension while the procedure for the amount of the pension was pending in the courts. Fair trial and rule of law. The applicant was receiving a widow’s pension. A new law on the calculation […]

The Court awarded 370,000 euros to a woman victim of gender and domestic violence! Battery, kidnappings and amputation by spouses!

Article 14
16/12/2021 19:32

JUDGMENT Tunikova and others v. Russia 14.12.2021 (app. no. 55974/16, 53118/17, 27484/18 and 28011/19) see here SUMMARY The case concerned acts of domestic violence, including death threats, bodily injuries and one case of severe mutilation, which the applicants sustained at the hands of their former partners or husbands, and the domestic authorities’ alleged failure to […]

Unreasonable duration of a court dispute for communication and custody of a child that lasted 6 years! Violation of respect for family life

Article 8
23/09/2021 18:21

JUDGMENT Anagnostakis and others v. Greece 23.09.2021 (app. no. 46075/16) see here SUMMARY Access rights granted to the applicants, the father and grandparents of the child concerned (who was two years old when the application was lodged), and the length of various sets of proceedings in which the opposing party was the child’s mother. With […]

Removal of child custody from the mother due to her same-sex relationship with another woman! Discrimination on the grounds of sexual orientation. Conviction from the Court

Article 14
17/09/2021 18:54

JUDGMENT Χ. v. Poland 16.09.2021 (app. no. 20741/10) see here SUMMARY The case concerned proceedings the applicant brought to contest the removal of her youngest child from her custody after her former husband obtained a change in the custody arrangements ordered in the divorce judgment. She alleged that the courts had acted in his favour […]

Refusal of Syrian family reunion with his wife because he did not have a residence permit in Denmark for at least 3 years. Violation of family life

Article 8
12/07/2021 20:06

JUDGMENT M.A. v. Denmark 9.7.2021 (app. no. 6697/18) see here SUMMARY Right to family reunification and foreigners. Requirement of residence permit in Denmark for three years before the family reunification of a Syrian with his wife is ordered. The applicant left Syria in January 2015 and sought asylum in Denmark in April of that year, […]

A father’s indifference to a lawsuit claiming a change in the contact rights with his child in the presence of a guardian! Non-violation of the ECHR. However, the delay in issuing a decision for the return of the child violated the procedural part of family life!

Article 14
03/04/2021 13:35

JUDGMENT Μ.Β. v. Poland 01.04.2021 (app. no. 16202/14) see here SUMMARY Abduction of a child by the mother and his transfer from Italy to Poland. Time-consuming procedures for the return of the child. Procedural part of the right to family life and positive obligations of the state deriving from the Hague Convention. Father-child communication in […]

Expulsion of a forged foreigner and his separation from his partner and their 3 children. The gravity of the offense cannot outweigh the best interests of the children. Violation of respect for family life!

Article 8
27/11/2020 20:36

ΑΠΟΦΑΣΗ
Unuane κατά Ηνωμένου Βασιλείου της 24.11.2020 (αρ. προσφ. 80343/17)
Απέλαση αλλοδαπού που καταδικάστηκε για πλαστογραφίες αδειών παραμονής. Χωρισμός του με σύντροφο και τρία παιδιά. Δικαίωμα σεβασμού της οικογενειακής ζωής.
Ο προσφεύγων υπήκοος Νιγηρίας, διέμενε μόνιμα με την σύντροφο του και τα τρία παιδιά τους στο Ηνωμένο Βασίλειο. Απελάθηκαν οικογενειακώς, πλην του τρίτου παιδιού, για λόγους δημόσιας τάξης και ασφάλειας καθόσον οι δύο γονείς καταδικάστηκαν για πλαστογραφία αδειών διαμονής. Οι αιτήσεις ακύρωσης της συντρόφου και των δύο παιδιών έγιναν δεκτές από τα εγχώρια Δικαστήρια, σε αντίθεση με αυτή του προσφεύγοντα, η οποία απορρίφθηκε και εκείνος αναγκάστηκε να αποχωρήσει από το Ηνωμένο Βασίλειο. Άσκησε προσφυγή για παραβίαση του άρθρου 8.

Married couples