Persons Category

The administrative detention of an alien for the purpose of executing an expulsion order is lawful. The right to liberty and security has not been violated.

JUDGMENT Jeddi v. Italy 09.01.2010 (no. 42086/14) see here SUMMARY Aliens deportation and legality of temporary administrative detention. The applicant was arrested for illegal entry into Italy. He applied for asylum which was rejected but was granted a residence permit on humanitarian grounds. Despite being granted a residence permit he fled to Switzerland seeking asylum […]

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No evidence of degrading treatment by an asylum seeker. The applicant has not shown that her basic needs in food, hygiene and living could be met

JUDGMENT B.L. and others v. France 09.01.2020 (no. 48104/14) see here SUMMARY The case concerned asylum-seekers housed in a tent camp in Metz, who complained about the poor conditions in which they were accommodated. Noting, firstly, that certain applicants (nos. 2 to 23) had not maintained contact with their lawyer and had failed to keep […]

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The expulsion of an alien for the purposes of public policy and security did not violate his right to family life

JUDGMENT Zakharchuk v. Russia 17.12.2019 (no. 2967/12) see here   SUMMARY  Limits on the protection of family life. Expulsion of an alien for national security reasons. The applicant was born in the former Soviet Union to a Russian mother and a Polish father. He acquired Polish citizenship and maintained ties with that country even though […]

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The imposition of a fine on the merging company for violations of the commercial code by the merged entity, based on the principle of business and financial continuity, did not violate the principle that the penalty should be imposed on the offender and not on others.

JUDGMENT Carrefour France v. France 24.10.2019 (no. 37858/14) see here SUMMARY The case concerned a judgment against the company Carrefour France finding it liable and ordering it to pay a fine for acts committed by the company Carrefour hypermarchés France in breach of the Commercial Code. Further to an inspection by the Departmental Directorate for […]

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Unjustified seizure of electronic data protected by lawyer-client professional secrecy, violates privacy

JUDGMENT Kırdök and others v. Turkey  03.12.2019  (no. 14704/12) see here SUMMARY In this case the applicants, who are lawyers, complained about the seizure of their electronic data by the judicial authorities for the purposes of criminal proceedings against another lawyer (Ü.S.), who had shared their office. The Court found, in particular, that the seizure […]

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The removal of a child’s custody from his father, in the best interest of the child, did not violate the father’s right to family life

JUDGMENT Lacombe v. France 10.10.2019 (no. 23941/14) see here  SUMMARY The case concerned proceedings for the return of a child to his mother in the United States under the Hague Convention. The Court found that the domestic courts had taken due account of the applicant’s allegations and that the decision-making process had been fair. The […]

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In order to document responsible journalism, one must take into account in addition to the accurate and reliable information provided by journalist, his or her behavior. Irresponsible journalism is not covered by the protection of freedom of expression

JUDGMENT Zarubin and others v. Lithuania 19-12-2019 (no. 69111/17, 69112/17, 69113/17 and 69114/17) see here SUMMARY Protection of the public interest and freedom of expression. Deportation from Lithuania and a ban on the re-entry of four Russian journalists working for the Russian state broadcaster after their actions at a conference in Vilnius. The Court was […]

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The adoption of children against the wishes of their mothers and the failure to take family reunification measures violated their family life.

JUDGMENT A.S. v. Norway (no.  60371/15) Abdi Ibrahim v. Norway (no. 15379/16) SUMMARY The cases concerned decisions by the Norwegian authorities and courts to take the applicants’ children into care at a young age and then in the first case to refuse to terminate long-term foster care for the child and in the second to […]

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Children born to a surrogate mother abroad. Does the refusal to register the birth certificate where it stated as the mother the “intended” mother rather than the biological one violate family life?

JUDGEMNT C and E v. France 12.12.2019 (no. 1462/18 and 7348/18) see here SUMMARY Birth through a surrogate mother and the right to have a parental relationship with the person who the child wants. Refusal by the French authorities to enter into the French register full details of birth certificates of children born through a […]

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