Public servants

Insufficient judicial control regarding a measure of dismissal of an official in a public body imposed after the failure of a military coup in Turkey. Violation of the ECHR

Pişkin v, Turkey 15.12.2020 (app. no. 33399/18)
The case concerned Mr Pişkin’s dismissal on the grounds that he had links with a terrorist
organisation, in the wake of the declaration of a state of emergency in Turkey following the failed
military coup of 15 July 2016, as well as the subsequent judicial review of that measure.
Mr Pişkin complained that neither the procedure leading to his dismissal nor the subsequent judicial
proceedings had complied with the guarantees of a fair trial. He also complained that he had been
branded a “terrorist” and “traitor”.

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The punishment of a public official’s unionist for the making of public statements in the press, at a place were the authorities did not allow, violates the right to assembly

JUDGMENT  Dinçer v. Turkey 19.01.2018 (no. 17843/11) see here SUMMARY  Administrative fine to a trade unionist civil servant on the occasion of a comment in the press in front of the ruling party’s offices, a site that the Governor does not allow statements to be made. Infringement of the right of assembly (Article 11). PROVISION  […]

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The prohibition of access to a personal file for the person concerned violates his right to privacy

JUDGMENT  Yonchev v. Bulgaria 7.12.2017 (no.  12504/09) see here   SUMMARY  A police officer is unsuitable for work for psychological reasons. Prohibition of access to his / her personal service file. Violation of the right to respect for private and family life. PROVISION  Article 8 PRINCIPAL FACTS  The applicant, Ivan Yonchev, is a Bulgarian national who […]

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Government interventions on pensions, in view of the sustainability of the pension system

DECISION  Fábián v. Hungary 05/09/2017 (no. 78117/13) see here SUMMARY The suspension of a pensioner’s pension due to his work in the public sector. Justification for suspending the pension on grounds of protection of the public fund and ensuring the long-term viability of the Hungarian pension system. The applicant had not been significantly burdened since […]

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δίκαιη δίκη

The deprivation of the defendants from the right to be heard amounts to deprivation of a fundamental right of the ECHR

JUDGMENT Atutxa Mendiola and others v. Spain 13-06-2017 (no. 41427/14) see here  SUMMARY Right to be heard. Condemnation of the President and Vice-President of the Basque Parliament by the Supreme Court for failure to comply with a decision to dissolve the parliamentary groups in the various bodies of the Autonomous Communities of the Basque Country […]

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The conviction for malicious accusations of a municipal councilor is a violation of freedom of expression.

JUDGMENT Athanasios Makris v. Greece (application no. 55135/10) 9.3.2017 see here  SUMMARY Defamation. Freedom of expression. The applicant was mayor of Salamis for 12 years and at the relevant time he was a municipal councilor and head of the opposition party “Unity”. The case concerned his criminal conviction about malicious accusations because of the falsification, […]

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