ECHRCaseLaw

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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Personal space in a cell from 1.72 to 2.76m consists of inhumane treatment. The act of a judge who reduced the defendant’s sentence did not consists lack of impartiality

JUDGMENT George-Laviniu  Ghiurău v. Romani 16.06.2020 (no.  15549/16) see here  SUMMARY Prison conditions. Fair trial, impartiality of judges and examination of witnesses. The applicant was sentenced to 2 years in prison for severe bodily harm. He appealed to Strasbourg, complaining of inadequate detention conditions, a lack of impartiality of judges in the second instance and […]

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Arbitrary blocking of websites. A blatant violation of the freedom of expression

JUDGMENT Vladimir Kharitonov (no. 10795/14), OOO Flavus and others (no. 12468/15, 23489/15 and 19074/16), Bulgakov (no. 20159/15) and Engels v. Russia 23.06.2020 (no.61919/16). see here   SUMMARY Internet and freedom of expression. Arbitrarily blocking of websites. The cases concerned different types of blocking measures, including “collateral” blocking (where the IP address that was blocked was shared […]

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A scientist was denied the title of forensic expert due to a ministerial decision decause of his posts on his personal blog. Violation of freedom of expression and fair trial due to lack of hearing.

JUDGMENT Cimperšek v. Slovenia 30.6.2020 (no.  58512/16) see here   SUMMARY The case concerned the rejection by the Minister of Justice of Mr Cimperšek’s application to become a court expert owing to a lack of the required personal qualities. The Minister referred to the contents of Mr Cimperšek’s blog and emails he had sent to complain […]

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Criticism of a company by a CEO of another company regarding his way of performing his duties is protected by the freedom of expression. Criticism against important companies can be overwhelming.

JUDGMENT Petro Carbo Chem S.E. v. Romania 30.06.2020 (no. 21768/12) see here  SUMMARY The case concerned a civil court order issued to the applicant company to pay symbolic compensation to the Chief Executive Officer (CEO) of the Oltchim company (which was the largest chemicals factory in Romania) for criticising the CEO’s management of the company […]

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A new European definition of hate speech? Yes.

Dr. Andraž Teršek, Professor of Constitutional Law, Faculty of Education, University of Primorska and European Faculty of Law, New University   Foreword On the 5th of June (2020) I have concluded my article titled “Constitutional Remarks on Understanding Freedom of Expression and the Concept of “Hate Speech” in Slovenia – and in Europe,” published on […]

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Different disabilities benefits to paraplegic citizens and war veterans. Logical and reasoned distinction of benefits. Non-violation of the ECHR

JUDGMENT Popović and others v. Serbia 30.6.2020 (no. 26944/13, 14616/16, 14619/16 and 22233/16) see here SUMMARY The case concerned the applicants’ complaint that the domestic legislation on disability benefits for paraplegics was discriminatory. They alleged in particular that paraplegic civilians such as themselves were awarded fewer benefits than war veterans with the same disability. The […]

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ECHRCaseLaw

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