ECHRCaseLaw

Violent arrest by police. Videotape damage for the event. Insufficient investigation and violation of the procedural part of Article 3 of the ECHR

JUDGMENT Posa v. Hungary 07.07.2020 (app. no. 40885/16) see hre   SUMMARY Corporal violence by police officers. Destruction of video recording of the incident and disappearance of a forensic report. Insufficient research. Violation of procedural part of Article 3 of the ECHR. During his arrest, the applicant, accused of robbery, was dragged to the ground by […]

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Bank restructuring. Only banks and not their shareholders, who were not direct victims, could appeal before the Court

GRAND CHAMBER JUDGMENT Albert and others v. Hungary 07.07.2020 (no. 5294/14) see here SUMMARY The applicant shareholders essentially complained that the new legislation had restricted their right to influence the operation of the banks in which they held shares. The Court found in particular that the acts complained of by the applicants had principally concerned […]

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Abduction of a child by her mother. Non-implementation of the Hague Convention by national courts. Violation of the father’s right to family life

JUDGMENT Michnea v. Romania 07.07.2020 (no.  10395/19) see here  SUMMARY Hague Convention, Brussels Regulation, child custody and best interests of the child. The applicant, a Romanian national, lives in Italy where he and his Romanian wife had a daughter. Without his consent, the wife moved with her child to Romania. The domestic courts rejected the […]

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On the Legality and Constitutionality of Measures and Restrictions On Constitutional Rights in Slovenia, During an Official Coronavirus Pandemic 2020

dr. A. Teršek, D. Pavlin, J. Dragan, mag. B. Nastran & N. Vražič   Just before the official start of this year’s Coronavirus COVID-19 pandemic, the previous Slovenian government resigned and a new government coalition of parliamentary parties (four) was formed. New government was faced with a new challenge and a lot of responsibility. It […]

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Rejection of a transgender’s request for a change of his name and gender. Violation of the right to privacy

JUDGMENT Y.T. v. Bulgaria 09.07.2020  (no. 41701/16) see here  SUMMARY The case concerned a transsexual (Y.T.) who had taken steps to change his physical appearance and whose request for (female to male) gender reassignment had been refused by the Bulgarian courts. He claimed that he had become aware of his male gender identity during adolescence […]

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Prohibition of entry into Switzerland for 7 years of a convicted of drugs did not violate his family life

JUDGMENT Κ.Α. v. Switzerland 07.07.2020 (ap. no. 62130/15) see here SUMMARY The case concerned the dismissal of the applicant’s request for an extension of his residence permit and the order imposing a temporary prohibition on entry to Switzerland, issued against him following his criminal conviction for a drug-related offence. The applicant was expelled from Switzerland, […]

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The non-implementation of court decisions by the tax authorities violated the right to property of the taxpayer. The ECtHR calls for immediate enforcement of decisions and threatens with compensation

JUDGMENT Maria Mihalache v. Romania 30.06.2020  (app. no. 68851/16) see here  SUMMARY Right to property, public interest and enforcement of court decisions. The applicant was charged with tobacco smuggling. The tax authorities imposed a huge fine and signed a mortgage on her property. The prosecutor filed the case due to lack of criminal liability. The Administrative […]

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The refusal to revoke the decision regardng the recognition of paternity, which was later proved by DNA that he was not the biological father and despite the consent of him and the child, violated the right to family life.

JUDGMENT Bocu v. Romania 30.06.2020 (appl. no. 58240/14) see here   SUMMARY Recognition of paternity. Revocation of paternity recognition decision due to the existence of new strong opposing data. The applicant was recognized by an irrevocable court decision as the father of B.AM., with a simple blood test and speculation of their biological connection. When B.AM. […]

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Asylum seekers lived on the streets for several months without financial assistance despite legal provisions. Humiliating treatment from France

JUDGMENT N.H. and others v. France 02.07.2020 (app. no.28820/13, 75547/13 and 13114/15) see here  SUMMARY The applications concerned five asylum-seekers, single men, living in France. They complained that they had been unable to receive the material and financial support to which they were entitled under French law and had thus been forced to sleep rough […]

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Decision by the Supreme Court on the basis of new data that appeared for the first time without hearing the parties. Violation of a fair trial

JUDGMENT Covalenco v. the Republic  of Moldova  16.06.2020 (no. 72164/14) see here   SUMMARY Right to be heard by parties, litigation, procedural responsibilities of the Supreme Court. The plaintiff had filed a lawsuit against the insurance company for the complete destruction of his car in a car accident involving his wife. The lawsuit was settled out […]

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ECHRCaseLaw

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