ECHRCaseLaw

A judge’s son’s employment link with a law firm raised objective doubts about the judge’s impartiality in a defamation case

JUDGMENT Koulias v. Cyprus 26.05.2020 (no. 48781/12) see here SUMMARY The case concerned the applicant’s complaint that one of the Supreme Court judges in proceedings against him for defamation was not impartial as the judge’s son worked for the law firm whose founding partner represented the appellant in the case. The Court found in particular […]

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Seizure of property of an alleged kidnapped victim, when the victim herself stated that she was not a victim and that there was no kidnapping! Violation of property rights.

JUDGMENT Litvinenko v. Russia 05.05.2020 (no. 84447/17) see here  SUMMARY Seizure of property as part of a criminal investigation by the alleged abducted victim. Authorities seized the applicant’s property, which was allegedly the victim of an abduction from unknown criminals, in order to prevent the perpetrators from illegally disposing of her property. The applicant had […]

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The non-disclosure of prosecutorial proposals and the procedure in the appellate court in the absence of the accused violated the fair trial.

JUDGMENT Romić and others v. Croatia 14.05.2020  (no. 22238/13, 30334/13, 38246/13, 57701/13, 62634/14, 52172/15 and 17642/15) see here   SUMMARY  Notification of prosecutorial proposals. Equality of arms and litigation. The applicants were charged with serious misconduct and attempted murder. They were irrevocably convicted. At the trial, they did not have access to the prosecutor’s proposals submitted […]

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The Court agrees not to include the Romanian Communist Party in the list of political parties. Non-violation of its freedom of association

JUDGMENT Ignatencud and Romanian Communist Party (PCR) v. Romania 05.05.2020 (appl. no. 78635/13) see here  SUMMARY Freedom of association. Refusal to register on the list of political parties, a party claiming to be a successor to the communist party that ruled Romania during the totalitarian regime and disbanded in 1989 after the overthrow of power […]

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Lack of capital is not a legitimate reason for a reduction in government allowance for the purchase of housing. Violation of the right to property

JUDGMENT Nechayeva v. Russia 12.05.2020 (no. 18921/15) see here  SUMMARY State allownace for the purchase of a first home, state budget and the right to property. The applicant mother of 4 children was judged by the competent committee of the Ministry of Labor to be eligible for a grant to purchase a house. The commission […]

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The right to obtain sufficient information about available legal remedies and the ECHR

Andraž Teršek, Associate Professor of Law, University of Primorska Slovenia, email: andraz.tersek@upr.si Jurij Toplak, Professor of Law, University of Maribor Slovenia, email: jurij.toplak@um.si   Introduction The right to an effective legal remedy and the right to access court, guaranteed by Articles 13 and 6 of the European Convention on Human Rights, require that the law […]

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The retroactive application of a law by which the owners receive within a time-frame of 10 years as compensation for expropriation 10% of the value of the property does not violate the ECHR! An alarming decision by the Court

JUDGMENT Beshiri v. Albania 07.05.2020 ( application no. 29026/06 and 11 other applications) see here   SUMMARY The applicants were real estate owners whose property were expropriated for reasons of public interest. For a long time they had not been compensated and although they had succeeded in issuing irrevocable decisions that gave justice to them,  they […]

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The trial regarding a case of rape that took place behind closed doors did not violate the defendant’s right to a fair trial. Victim’s protection from second victimization

JUDGMENT Mraović v. Croatia 14.05.2020 (no. 30373/13) see here SUMMARY The case concerned a balancing of the applicant’s right to a public hearing in proceedings against him on charges of rape and the victim’s right to the protection of her private life. The European Court of Human Rights held, by six votes to one, that […]

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Keeping prisoner in solitary confinement did not constitute inhuman and degrading treatment in breach of the Convention

JUDGMENT Astruc v. France 14.05.2020 (no. 5499/15) see here SUMMARY The case concerned the applicant’s complaint that he was kept in solitary confinement, while imprisoned on remand, after hospital treatment. The measure sought to clarify how the applicant was procuring unauthorised items while in prison and to prevent this from continuing. The Court noted that, […]

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The calculation of compensation in compulsory expropriation is determined by the commercial value of the property

JUDGMENT Kostov and others v. Bulgaria 14.05.2020 ( no.66581/12 and 25054/15) see here SUMMARY The case concerned the applicants’ complaints that they had been awarded disproportionately low amounts of compensation when property they owned on the outskirts of Sofia was expropriated by the State for the construction of roads. The Court, which is currently considering […]

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ECHRCaseLaw

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