Wages - Pensions Archives

Retroactive withdrawal of pensions that were granted over a long period, undermines legal certainty and infringes property rights

1st P - Article 1
December 24, 2019 6:19 pm

JUDGMENT Romeva v. North Macedonia 12.12.2019 (no. 32141/10) see here SUMMARY Peaceful enjoyment of property rights. Pension. Retrospective recall. Social insurance. The applicant, after legal proceedings, was granted a pension. The Fund, 7 years after retirement, re-examined the data and retrospectively withdrawn the pension without thorough scrutiny of the evidence. According to the ECtHR, any […]

The delay or even the non-enforcement of judgments seeking the payment of delayed or unpaid salary, violated the right to property and the right to a fair trial.

1st P - Article 1
October 30, 2019 11:40 am

JUDGMENT Kuzhelev and others v. Russia 15.10.2019 (no. 64098/09, 64891/09, 65418/09, 67406/09, 67697/09, 66035/09 and 1504/10) see here SUMMARY Judgment and salary. The applicants were employed by a State shipbuilding company which was transferred to another equivalent. The transfer was canceled, the newly formed company was put into liquidation and the employees – workers, were […]

Refusal to grant an allowance. The deprivation of the right to be heard by the parties has violated the right to a fair trial

1st P - Article 1
May 15, 2019 7:03 pm

JUDGMENT Elisei-Uzun and Andonie v. Romania 23.04.2019 (no. 42447/10) see here SUMMARY Discrimination between officials. Refusal to grant allowance to specific employees of the Ministry of Justice. Failure to take part in the hearing before the Court of Appeal against the decision to grant benefits. Abolition of allowances due to constitutional legislative changes. The ECtHR […]

Autonomy of disciplinary action from the criminal procedure. An acquittal is not binding on disciplinary bodies that may impose disciplinary action

1st P - Article 1
April 11, 2019 3:38 pm

JUDGMENT Bonnemaison v. France 11.04.2019 (no. 32216/15) see here SUMMARY Autonomy of disciplinary proceedings from criminal. Decision of the Medical Association to strike of the applicant from the medical register. The applicant repeatedly injected lethal injections into patients to put an end to their suffering. Penalty of the doctor for six out of seven deaths. […]

Readjustment of certain old-age pensions did not breach Convention rights

1st P - Article 1
September 13, 2018 7:33 am

JUDGMENT Aielli and others and Arboit v. Italy 19.07.2018 (no. 27166/18 and 27167/18) see here SUMMARY The case concerns a reform of the uprating of State pension payments for 2012 and 2013. The Court observed that the legislature had been obliged to intervene in a difficult economic context. The Legislative Decree in question had sought […]

Failure to pay a lawyer who represented the public sector. Violation of property protection

1st P - Article 1
August 30, 2018 7:58 am

JUDGMENT Chorbov v. Bulgaria 25.01.2018 (no. 39942/13) see here SUMMARY Failute to pay an attorney’s full remuneration for the legal services he provided by representing the State at the International Court of Arbitration in Paris in 2005. Infringement of Article 1 of the First Protocol (protection of property) and Article 13 (right to an effective […]

The refusal to grant pension due to nationality is contrary with the ECHR

1st P - Article 1
August 25, 2018 8:51 am

JUDGMENT Ribać v. Slovenia 5.12.2017 (no. 57101/10) see here SUMMARY Pension. Refusal by the authorities to grant pension for a specific period to a person who did not have the Slovenian citizenship at that time. Double violation of the ECHR. Infringement of the prohibition of discrimination and the right to property protection. PROVISIONS Article 14 […]

Non execution of decisions of national courts violate the rights of fair trial and the respect for property

ECHR Decisions
August 21, 2018 9:42 am

JUDGMENT Kunić and others v. Bosnia and Herzegovina 14.11.2017 (no. 68955/12 ), Spahić and others v. Bosnia and Herzegovina 14.11.2017 (no. 20514/15 ) SUMMARY Non-execution of irrevocable decisions by national courts. Thirty-two Bosniak and Herzegovina citizens filed a complaint before the ECtHR for protesting against the irreconcilable internal decisions concerning them. Over the same issue there are more than 400 appeals […]

Non execution of judgments violate the right to a fair trial and the right to property

1st P - Article 1
August 19, 2018 1:09 pm

JUDGMENT Mazzeo v. Italy 5/10/2017 (no. 32269/09) see here SUMMARY Failure to execute a court order. Condemnation of Italy for non-execution of the decision both for violating the fair trial and for violating the respect for property. PROVISIONS Article 6 par.1 Article 1 of the First Additional Protocol PRINCIPAL FACTS The applicants, Saverio Cosimo Mazzeo, […]

Reducing benefits to a degree of survival impedes the right to property

1st P - Article 1
August 14, 2018 4:17 pm

JUDGMENT Krajnc v. Slovenia 31-10-2017 (no. 38775/14) see here SUMMARY Truck driver ceases to work due to epileptic seizures. An excessively reduced disability allowance, results in a serious survival problem. Infringement of the right to property protection PROVISION Article 1 of the First Additional Protocol PRINCIPAL FACTS The applicant, Slavko Krajnc, is a Slovenian national […]

Wages – Pensions