ECHRCaseLaw

Prosecutors and judges have the right to criticize legal reforms and cases regarding their independence

JUDGMENT Kövesi v. Romania 05.05.2020 (no. 3594/19) see here SUMMARY The case concerned the applicant’s removal as the chief prosecutor of the National Anticorruption Directorate before the end of her second term following her criticism of legislative reforms in the area of corruption. She alleged that she had also been unable to challenge that decision […]

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The imposition of a fine for organising a nationalist commemoration on the day of the Romanian national holiday did not breach the Convention

JUDGMENT Csiszer and Csibi v. Romani  05.05.2020 (no. 71314/13 and 68028/14) see here  SUMMARY The case concerned the imposition of an administrative fine on the applicants for organising a gathering on 1 December 2010, the day of the Romanian national holiday, to commemorate the founding of the Székely battalion. On 1 December 1918, in Cluj-Napoca, […]

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Adoption without searching and informing the biological father and refusal to recall it. Violation of the father’s right to family life

JUDGMENT Uzbyakov v. Russia 05.05.2020 (no.  71160/13) see here  SUMMARY The case concerned the applicant’s complaint about his daughter being adopted by another family and the refusal by the courts to overturn that decision. The Court found deficiencies in the proceedings for the daughter’s adoption, the applicant’s subsequent paternity claim and his request to revoke […]

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The use of special police unit and the unprovoked use of force in an operation in order to arrest a suspect in his home constitute humiliating treatment

JUDGMENT Castellani v. France 30.04.2020 (no. 43207/16) see here  SUMMARY The case concerned a complaint by the applicant that he was the victim of acts of violence during his arrest at his home by the GIPN, a special armed police unit, in the presence of his wife and daughter. The Court found in particular that […]

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The reasonable duration of the procedure is violated even if there is a contribution of the applicant to the delay, and the total duration is excessive

JUDGMENT Keaney v. Ireland 30.04.2020 (no. 72060/17) see here SUMMARY The case concerned a complaint about the length of civil proceedings following a failed business venture. It has also been chosen by the Court as a lead case in relation to the issue of effective domestic remedies in Ireland for complaints about excessive length of […]

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Prohibition of discribing a political party as “far-right” on television violates the freedom of expression

JUDGMENT ATV Zrt v. Hungary 28.04.2020 (no. 61178/14) see here  SUMMARY Freedom of expression and journalism. The National Media and Information Authority has banned a television company from describing a political party as “far-right” as part of a news program, as national media law has barred any “opinion” from the news presenter. The TV company […]

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Whipping as a form of punishment is abolished in Saudi Arabia!

Saudi Arabia is a country with many peculiarities in human rights and freedoms. The country’s tradition, conservatism and religiosity have created a legal framework that is considered completely foreign to the European model and that of the civilized states of the West, mainly inspired by a rule of law based on common and accepted individual […]

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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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ECHRCaseLaw

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