JUDGMENT Boljević v. Serbia 16.06.2020 (no. 47443/14) see here SUMMARY The case concerned the domestic courts’ refusal to reopen paternity proceedings dating to the 1970s because they were time-barred. The applicant alleged that that decision had denied him the opportunity to prove his origins via modern DNA testing methods. The Court found that, although time-limits […]
Complaint of rape of a minor. Inadequate investigation and prosecution of a man accused of a more heinous crime than rape violated the procedural part of privacy and the prohibition of humiliating treatment.
JUDGMENT Z v. Bulgaria 28.05.2020 (no. 39257/17) see here SUMMARY Ineffective judicial inquiry into vulnerable groups. Procedural part of prohibition of inhuman and degrading treatment and respect for privacy. The applicant, a 13-year-old minor, complained to the competent prosecutor’s office that she had been raped by a friend of hers. He provided details and was […]
Child custody and two different decisions of two different states! Involvement of the CJEU, ECtHR, Italy and Romania!
JUDGMENT S.L. and A.L. v. Italy 04.06.2020 (no. 896/16) see here SUMMARY The case concerned child custody proceedings between parents of different nationalities (Italian and Romanian). In 2009 the first applicant’s wife brought divorce proceedings, seeking custody of her son, in the Romanian courts, while judicial separation and custody proceedings, brought by the applicant in […]
Commencement of the statute of limitations for civil claims for killings in a military operation due to their widespread disclosure to the media. Violation of the right of access to a court
JUDGMENT Vujnović v. Croatia (no. 32349/16) see here SUMMARY The case essentially concerned the civil proceedings for damages following the death of the applicant’s parents during a military operation by the Croatian army in 1993. The applicant’s claim was ultimately dismissed as statute-barred. The applicant argued that the Supreme Court had been inconsistent when deciding […]
Return, after a court decision with a delay, of confiscated drinks, when they became unsuitable for consumption. Violation of property rights
JUDGMENT Avendi OOD v. Bulgaria 04.06.2020 (no. 48786/09) βλ. εδώ SUMMARY Seizure of goods in criminal proceedings. Irrevocable decision on their return. Delay in their return. Right to property. The applicant company is active in the trade of alcoholic beverages. After search 26,748 liqueur bottles of Baileys was confiscated because they did not bear the […]
Homophobic comments, hate speech and sentencing into fine payment. Non-violation of the freedom of expression of the commentator
JUDGMENT Carl Jóhann Lilliendahl v. Iceland 11.06.2020 (no. 29297/18) see here SUMMARY The case concerned the applicant’s conviction and fine for homophobic comments he had made in response to an online article. The Court found that the applicant’s comments had amounted to hate speech within the meaning of its case-law. It accepted the Icelandic Supreme […]
Reflection On Legal and Political Deliberations regarding Human Life and Dignity after the 2020 Coronavirus Pandemic
dr. Andraž Teršek, Professor of Constitutional Law Faculty of Education, University of Primorska and European Faculty of Law, New University Introduction In distanced year of 1999, on the 24th session of the Parliamentary Assembly of the Council of Europe was discussing on the “right to die” issue, as a potential fundamental human right implicitly […]
Expropriation. Attorneys have the right to file a direct action to seek redress and the attorney’s fees.
JUDGMENT Kandarakis v. Greece 11.06.2020 (no. 48345/12, 48348/12 and 67463/12) see here SUMMARY Payment of legal remuneration and court costs. Right of access. Lawyers’ rights. Rejection, for lack of active legal standing, of the lawyers claim who represented their clients in a case of expropriation. The lawyers demanded that the debtor company deposit the awarded […]
Journalistic criticism of judges. The conviction of a journalist into payment of damages violated the freedom of expression. The criterion for the amount of compensation is the basic monthly salary.
JUDGMENT Tolmachev v. Russia 02.06.2020 (no. 42182/11) see here SUMMARY Journalistic criticism of judges and freedom of expression. The awarded damages must take into account the financial situation of the defendant. The plaintiff is a journalist who, through three articles in a newspaper and magazine, criticized judges for their behavior and the way they acted. […]
Provision of meals to Jewish prisoners according to their religion. Respect for their religious freedom by the state authorities
JUDGMENT Erlich and Kastro v. Romania 09.06.2020 (no. 23735/16 and 23740/16) see here SUMMARY The case concerned the provision of kosher meals to two Israeli prisoners of Jewish faith detained in a Romanian prison. The applicants complained of the failure of the Rahova Prison authorities to provide them with meals complying with the precepts of […]