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 […]
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 […]
Disbarrement of a lawyer by a bar association because he criticized a public judge for tarnishing the reputation of the judiciary. Violation of freedom of expression and privacy.
JUDGMENT Bagirov v. Azerbaijan 25.06.2020 (no. 81024/12 and 28198/15) see here SUMMARY Disbarrement of a lawyer by a Bar Association. Lawyer’s confidentiality duty. Freedom of expression and the right to privacy. The applicant, a lawyer by profession, disclosed the cause of death of his client’s son. He was suspended from practising law for one year, for […]
Child protection associations. Autonomous de facto right to represent abused children for recourse before the ECtHR
JUDGMENT Association Innocence en Danger and Association Enfance et Partage v. France 04.06.2020 (no. 15343/15 and 16806/15) see here SUMMARY The case concerned the death in 2009 of an eight-year-old girl (M.) as a result of abuse by her parents. The applications were lodged by two French child protection associations. The Court found that the “report […]
The request for an examination of a witness must include why it is a) important to examine the witness and b) necessary to prove the truth.
JUDGMENT Zirnīte v. Latvia 11.06.2020 (no. 69019/11) see here SUMMARY Request and right to examine witnesses. Conditions. Proper penalty for confiscation of assets. The applicant was charged with embezzlement and money laundering. She was acquitted in the first instance, but in an appeal filed by the Prosecutor, the Court of Appeal annulled the first instance […]
Personal hearing of an applicant consists the basis of a fair trial. The Court does not justify the ban even regarding an individual who seduced a mentally retarded woman
JUDGMENT Evers v. Germany 28.05.2020 (no. 17895/14) see here SUMMARY Personal hearing of an applicant, access to a case file, reason for a decision and a fair trial. The applicant was charged with sexual abuse of his ancestor, who was diagnosed with mental retardation. The domestic courts, following legal proceedings initiated by the commissioner, prohibited […]
The birth certificate, which implied that the child had not been baptized, violated the family’s right not to disclose their religious beliefs.
JUDGMENT Stavropoulos and others v. Greece 25.06.2020 (no. 52484/18) see here SUMMARY The case concerned the practice of certain registry offices in Greece indicating on birth certificates when a child is named by a civil act. Stavroula-Dorothea Stavropoulou and her parents, the applicants in the case, complained in particular that the handwritten note “naming” on […]
Mandatory rental agreements for retirees and the homeless. Violation of the right to the lessor’s property
JUDGMENT Kasmi v. Albania 23.06.2020 (no. 1175/06) see here SUMMARY Forced rent for the homeless. Right to the lessor’s property. The plaintiff was obliged by an irrevocable decision of the Supreme Court to impose compulsory leases on apartments owned by him, which had been concluded during the nationalization of his property, but remained active even […]
Adoption of a child without the consent of the mother. Violation of family life. The Court calls for the restoration of the biological mother-child communication!
JUDGMENT Omorefe v. Spain 23.06.2020 (no. 69339/16) see here SUMMARY The case concerned the placement in foster care and subsequent adoption of a child and the inability of the biological mother to retain contact with him. In 2009 the applicant, Ms Omorefe, asked for her son (born in 2008) to be taken into care by […]
JUDGMENT Gospodăria țărănească Chiper Terenti Grigore v. Democracy of Moldova 02.06.2020 (no. 71130/13) see here SUMMARY Limits of state intervention in business activity. Mining operation permit is conceptually included in the property. The applicant company is engaged in the extraction of limestone, gravel and sand. In an investigation conducted by the competent Attorney General, the […]