ECHRCaseLaw

Unjustified delay of the researches in an attempted homicide. Violation of the procedural part of the right to life

JUDGMENT Danciu and others v. Romania 12.05.2020  (αρ.προσφ.  48395/16)             see here  SUMMARY Right to life and ineffective judicial investigation. Violation of a procedural part of Article 2 of the ECHR. The applicants, relatives of the deceased spouse and their father, complained of a violation of Article 2 due to an ineffective investigation into the circumstances […]

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Arbitrary exclusion of a party 3 days before the parliamentary elections due to alleged use of undeclared foreign funds. Violation of the right to stand for elections

JUDGMENT Political Party “Patria” and others v. Republic of Moldova 04.08.2020 ( app. no. 5113/15, 14963/15, 15910/15) see here  SUMMARY Right to be elected and to ensure equal and fair conditions for all candidates in an election campaign. Exclusion of a party three days before the parliamentary elections due to alleged use of undeclared foreign […]

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Delayed execution of a court decision and unenforced decision violate a fair trial. The authorities have an obligation to assist in the execution of court decisions

JUDGMENT Safonov and Safonova v. Ukraine 18.06.2020 (app. no. 24391/10) see here  SUMMARY Enforcement of judgments, fair trial and right of appeal. The applicants, owners of an apartment, appealed to the domestic courts for recognition of their ownership. They were recognised as the owners of the property  with irrevocable decisions, however the Inventory Office refused […]

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The duration of the proceedings exceeding 15 and 10 years was not reasonable. Lack of effective remedies to expedite proceedings. Violation of a fair trial

JUDGMENT Kirinčić and others v. Romania (app. no. 31386/17) and Marić v. Croatia 30.07.2020 (app. no. 9849/15) SUMMARY Reasonable trial time and effective legla remedies to speed up the process. The applicants went to court for compensation for forced expropriation in the first application and for civil liability compensation in the second. The overall process […]

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Compulsory Vaccination Controversy, ECtHR and Fundamental Human Rights

Dr. Andraž Teršek, Professor of Constitutional Law, University of Primorska and New University (Slovenia)   Will people become (or remain?) “tight bunnies” considered as “fools,” or can we hope for judicial protection of fundamental human rights, based on common-sense evaluation and persuasive legal arguments?   Unimplemented Constitutional Court Decision In the late 2004 (yes, sixteen […]

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The deportation of an illegal alien who committed serious crimes did not violate his right to private life

JUDGMENT Pormes v. the Netherlands 28.07.2020  (app. no. 25402/14) see here   SUMMARY Continued deportation of a criminal and the right to privacy. The applicant entered the Netherlands with a visa at the age of just 4 and lived in that country until he was 26 years old. He never obtained a residence permit and many […]

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Political criticism for the incompatibility as a Member of Parliament and a lawyer. Sentencing for defamation violated the freedom of expression.

JUDGMENT Macovei v. Romania 28.07.2020 (no. 53028/14) see here SUMMARY The case concerned the applicant being found liable for defaming another politician. The Court found in particular that the applicant’s statements, whereby she had called the other politician’s combination of work as a lawyer and as a member of parliament an example of corruption, had […]

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Twice prosecution and punishment by criminal and administrative courts for hooliganism during a football match. Violation of the principle of ne bis in idem

JUDGMENT Velkov v. Bulgaria 21.07.2020 (app. no. 34503/10) see here  SUMMARY The case concerned the applicant’s complaint that he had been convicted twice of the same offence of breaching the peace during a football match. The Court found that, while there had been a close connection in time between the administrative and criminal proceedings against […]

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Prohibition of request for release from prison for two months violated the right to personal liberty and security

JUDGMENT Dimo Dimov and others v. Bulgaria  07.07.2020 ( no. 30044/10) see here   SUMMARY Legality of pre-trial detention, reason for the decision and right of actual appeal. The applicants were arrested and remanded in custody on charges of extortion. They made many requests for release which were rejected without justification and were released only when […]

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The condition that a defendant convicted in absentia appear in person during the retrial does not constitute a disproportionate burden

JUDGMENT Chong Coronado v. Andorre 23.07.2020 (application no. 37368/15) see here  SUMMARY The case concerned criminal proceedings leading to the applicant’s conviction in absentia at first instance. The applicant complained that he had not been able to lodge an appeal as he would first have had to travel to Andorra in person to appear before […]

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ECHRCaseLaw

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