JUDGMENT Polgar v. Romania 20.07.2021 (app. no. 39412/19) see here SUMMARY Conditions of detention in Romanian prisons and the effectiveness of national remedies, in particular for tort. In 2017 the Court had issued the pilot decision Rezmiveș et al. Romania, which was found to have a structural problem in that country. In this decision, he […]
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 […]
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 […]
JUDGMENT Shahzad v. Hungary 08.07.2021 (app. no. 12625/17) see here SUMMARY Prohibition of mass deportation of immigrants. Lack of an effective remedy. The applicant, a Pakistani national, attempted to enter Hungary illegally with a group of foreigners. The process of group entry into Hungary was impossible due to the limited size of the transit zone […]
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, […]
JUDGMENT A.M. and others v. Russia 06.07.2021 (app. no. 47220/19) see here SUMMARY Gender reassignment of the father and right of communication with his children. Court decision to deprive a parent of the right to communicate with his children, because he underwent gender reassignment surgery. The ECtHR found that: a) there was no evidence of […]
JUDGMENT Association BURESTOP 55 and Others v. France 1.7.2021 (applications nos. 56176/18, 56189/18, 56232/18, 56236/18, 56241/18, 56247/18) see here SUMMARY The case concerned environmental protection associations which were opposed to the planned industrial geological storage centre known as Cigéoon the Bure site along the boundaries of the départements of Meuse, Haute-Marne and Vosges, in the […]
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 […]
JUDGMENT Broda and Bojara v. Poland 29.06.2021 (app. no. 26691/18 and 27367/18) see here SUMMARY Judges and the right of access to justice. Absence of an appeal against decisions of the Minister of Justice, by which he terminated prematurely the term of office of the appellant Vice-Presidents of the Kielce District Court. The Court emphasized […]
JUDGMENT R.B. v. Estonia 22.06.2021 (app. no. 22597/16) see here SUMMARY Ineffective search for sexual abuse of a minor by her father. Testimony of a 4-year-old minor without being informed about her rights, as provided by the criminal procedure. Cancellation of deposition and acquittal of alleged perpetrator due to procedural errors. Right to privacy and […]
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