freedom of movement

The application before the ECHR is inadmissible because the internal remedies have not been exhausted, even when an internal appeal has been lodged, but was vague.

JUDGMENT Hernádi v. Croatia 26/09/2019 (no. 29998/15) see here  SUMMARY Exhaustion of domestic remedies. The applicant, a resident of Hungary, was charged with bribery and a temporary detention order and a European arrest warrant for extradition to Croatia were issued by the Croatian authorities. He brought two actions before the Constitutional Court which were dismissed […]

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No refund of pollution tax paid on vehicles purchased from countries of the European Union. Non-exhaustion of domestic remedies and effective remedy for money reimbursement. Inadmissibility of applications

JUDGMENT Alexandru–Mihai Pop and pthers v. Romania 25.04.2019 (no. 54494/11, 67699/11 and 21251/12) see here  SUMMARY Pollution tax on second-hand vehicles purchased from other countries of the European Union. Complaints based on Article 1 of the Additional Protocol and Article 13 of the ECHR on the fact that they had to pay a pollution tax that was […]

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Disproportionate travel restrictions are opposed to the ECHR

JUDGMENT  Berkovich and others v. Russia 27.03.2018 (no. 5871/07, 61948/08, 25025/10, 19971/12, 46965/12, 75561/12, 73574/13, 504/14, 31941/14 and 45416/14) see here   SUMMARY Travel restrictions abroad. Deprivation of passports to citizens and banning them from going abroad for 5 years because they had previously had access to state secrets. Infringement of freedom of movement. PROVISION  Article […]

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Terms and conditions for free movement in a foreign country

JUDGMENT  Balta v. France 08.02.2018 (no. 19462/12) see here   SUMMARY  Parking ban on caravans in France. A Romanian citizen and caravan owner claims that his right to free movement was violated, as he could not park. However, in order to be able to enjoy this right, he had to meet the conditions for a […]

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Athletes against doping control. Are those checks restricting their freedom of movement and their private and family life? The Court gives the answers

JUDGMENT  Fédération Nationale des Syndicats Sportifs (FNASS) and Others v. France 18.01.2018 (application no. 48151/11 and 77769/13) see here SUMMARY  The case concerns the requirement for a targeted group of sports professionals to notify their whereabouts for the purposes of unannounced anti-doping tests. Taking account of the impact of the whereabouts requirement on the applicants’ […]

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