Wages – Pensions

ιδιοκτησία

Non-granting of pension to women after the death of their partners. The stricter requirement of the Constitutional Court violated the right to respect for property

JUDGMENT Del Pino Ortiz and other v. Spain  20.07.2023 (app. no.  20942/19 and 3 others) see here SUMMARY Refusal of the authorities to grant a survivor’s pension to the applicants following the death of their partners. Before April 2014, all applicants were theoretically entitled to a survivor’s pension in the event of the death of […]

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Deprivation of retroactive pension to a pensioner who was paid a pension for more than 20 years. Violation of the right to respect for property

JUDGMENT Argalioti v. Greece  18.07.2023 (app.  no. 46882/16) see here SUMMARY Removal of the right to a pension by decision of the Council of State which retroactively applied a legislative provision. The applicant submitted an application for an old-age pension in recognition of her time working in Turkey, but her application was rejected as out […]

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Employment periods in third countries and the acquisition of military service were not recognized by Latvia as pensionable time. No violation was found

JUDGMENT Savickis and others v. Latvia 09.06.2022 (app. no. 49270/11) GRAND CHAMBER DECISION see here SUMMARY The case concerned the payment of employment pensions in Latvia to “permanently resident noncitizens”, which did not take into account periods worked in other Soviet Republics at the time of the occupation of Latvia by the USSR, as compared […]

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ιδιοκτησία

Reduction of minimum fees for ex-officio appointed lawyers by court decision! Violation of respect for their property

JUDGMENT Dănoiu v. Romania  25.01.2022 (app. no. 54780/15) see here SUMMARY Fees of ex-officio appointed lawyers. Arbitrary reduction of their wages. Violation of the right to peaceful enjoyment of possessions. A court decision reduced the minimum statutory fees of three (3) lawyers who were appointed ex officio by the court in order to represent their […]

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The decision to reimburse the applicant for compensation as a civil servant when she moved to another office violated her right to property

JUDGMENT Casarin v. Italy 11.02.2021 (app. no.  4893/13) see here SUMMARY Principles of justified trust of the administrator and good administration. An administrative act was issued to reimburse the compensation received by the applicant as a salary difference when she moved to another Ministry. The domestic courts rejected her appeal on the ground that the […]

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Establishment of a non-renewable term for judges of the Constitutional Court of Armenia. The ECtHR refuses to issue interim measures.

JUDGMENT REGARDING INTERIM MEASURES Gyulumyan and others v. Armenia 08.07.2020 (no.  25240/20) SUMMARY  Non-renewable term in the constitutional court and the need to take interim measures due to impending irreparable damage to judges. In 2015, the Constitution of Armenia was revised, introducing a 12-year non-renewable term for the judges of the Constitutional Court and establishing […]

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Different disabilities benefits to paraplegic citizens and war veterans. Logical and reasoned distinction of benefits. Non-violation of the ECHR

JUDGMENT Popović and others v. Serbia 30.6.2020 (no. 26944/13, 14616/16, 14619/16 and 22233/16) see here SUMMARY The case concerned the applicants’ complaint that the domestic legislation on disability benefits for paraplegics was discriminatory. They alleged in particular that paraplegic civilians such as themselves were awarded fewer benefits than war veterans with the same disability. The […]

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The deprivation of salary for a defendant who went on holiday during the criminal proceedings violated the right to property. Conviction for payment of salaries and non-pecuniary damage

JUDGMENT Anželika Šimaitienė v. Romania 21.04.2020  (no.  36093/13) see here SUMMARY Deprivation of a judge’s salary during the criminal proceedings. Lack of predictability of a law as the legislation did not provide for the suspension of judicial duties. The position of judge on leave was provided for in a later law. The applicant is a […]

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ιδιοκτησία

The discontinuation of the disability pension due to the Insurance Fund doctor’s mistake and the refusal to pay compensation violated the right to property

JUDGMENT Grobelny v. Poland 05.03.2020  (no. 60477/12) see here  SUMMARY Discontinuation of disability pension due to mistakes made by doctors of the Insurance Fund. Non-payment of compensation to the insured. Violation of the right to property. The applicant had been declared incapable of working since 1994 and was awarded an invalidity pension. In a review […]

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

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 […]

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