ECHRCaseLaw

The ECtHR sentenced Greece to compensation for violation of property rights in an expropriation case

JUDGMENT Moustakidis v. Greece 29.10.2020 (app. no.  58999/13) see here  SUMMARY Expropriation and calculation of compensation. The applicant was deprived of the use of part of his property due to expropriation, in which his business was housed. He was compensated for the value of the land he was deprived of and for the impairment of […]

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Deportation of alliens who were tried without knowing the accusation and without access to the case file. Violation for non-observance of procedural guarantees in the deportation of foreigners

JUDGMENT Muhammad and Muhammad v. Romania 15.10.2020 (app. no.  80982/12) see here  SUMMARY The case concerned proceedings as a result of which the applicants, Pakistani nationals living lawfully in Romania, were declared undesirable and deported. The Court found that the applicants had received only very general information about the legal characterisation of the accusations against […]

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Non-participation of a minor in the trials between his parents for his custody. Violation of the right to respect for his family life

JUDGMENT C. v. Croatia 08.10.2020 (app. no. 80117/17) see here  SUMMARY Child care and best interests of the child. The applicant is a child of divorced parents. He appealed to the ECtHR, complaining of a violation of his right to respect for his family life (Article 8 of the Convention), because in his parents’ trials […]

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Turkish courts have sentenced an opposition leader to compensation for saying ” you are not godly, you are a religion-monger “! Condemnation of Turkey for violating freedom of expression!

JUDGMENT Kılıçdaroğlu v. Turkey 27.10.2020 (app. no.  16558/18) see here  SUMMARY The case concerned a civil judgment ordering Kemal Kılıçdaroğlu, leader of the main opposition party, to pay compensation for tarnishing the reputation of the then Prime Minister, Recep Tayyip Erdoğan, on account of remarks made by him in two speeches delivered in 2012 on […]

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A judge described his inspection report as biased. His disciplinary conviction violated his freedom of expression. Right to be criticized by those audited in the reports of the higher courts

JUDGMENT Guz v. Poland 15.10.2020 (app. no. 965/12) see here  SUMMARY Criticism of his inspection report by a judge. Disciplinary condemnation for the applicant’s expressions. His disciplinary conviction is a Violation of the judge’s freedom of expression. The applicant, a judge, was not promoted following the negative inspection report prepared by the Inspector Judge and […]

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Termination of widow’s pension after the children came of age, because as a man is able to return to work. Violation of gender equality and family life

JUDGMENT Β. v. Switzerland  20.10.2020 ( app. no. 78630/12) see here SUMMARY The case concerned the widower’s pension to which the applicant had ceased to be entitled after his younger daughter had reached the age of majority. The Federal Law on Old-Age and Survivors’ Insurance provides that entitlement to a widower’s pension ends when the […]

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The conviction for fatal road accident did not violate the ne bis in idem principle because there had previously been a conviction for driving violations. Criminal prosecutions are complementary.

JUDGMENT Bajčić v. Croatia 08.10.2020 (app. no.  67334/13) see here  SUMMARY The case concerned the applicant’s complaint that he had been tried and punished twice for the same driving offence. In particular, he had first been convicted in minor offence proceedings for speeding and later on in criminal proceedings for causing a fatal road accident. […]

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The criminal conviction of doctors after their disciplinary conviction for suspension of medical practice did not violate the principle ne bis in idem

JUDGMENT Faller v. France (app. no. 59389/16) and Steinmetz v. France (App. no. 59389/16) 22.10.2020 see here SUMMARY The case concerned two doctors who complained that they had been convicted by a criminal court for fraud on account of acts for which they had already been punished. The applicants had first been found liable by […]

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The refusal to rectify religion in the prison record did not hinder religious duties. Non-violation of religious freedom

JUDGMENT Mariș c. Romania 22.10.2020 (app. no. 58208/14) see here SUMMARY The case concerns the refusal of the Romanian authorities to amend, upon a mere declaration by Mr Mariş, the entry giving his religion in the register of Miercurea-Ciuc prison. The applicant mainly alleged that his rights under Article 9 (freedom of thought, conscience and […]

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Recall of a diplomat from her position due to pregnancy. The different treatment was justified to ensure the operation of the embassy.

JUDGMENT Napotnik v. Romania 20-10-2020 (app. no.  33139/13) see here  SUMMARY The case concerned a diplomat’s allegation that she had been recalled from her post in the Romanian Embassy in Ljubljana because she was pregnant. The Court found that the applicant had been treated differently on grounds of sex, but that the domestic authorities had […]

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ECHRCaseLaw

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