Стаття 6 Цивільний аспект - Право на справедливий суд
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Справи, відібрані для оновлення Посібника із судової практики.
Moskalj v. Croatia, no. 60272/21
Domestic courts’ decision to award the applicant compensation for the excessive length of proceedings but to refuse to award her the costs of her legal representation, which exceeded the amount of the compensation.
Judgment
Fabbri and Others v. San Marino [GC], nos. 6319/21 and 2 others
Complaint by victims of alleged offences participating in criminal proceedings that the investigating judge’s inaction led to the charges becoming time-barred, which resulted in the non-adjudication of their civil claims.
Judgment | Legal Summary
Tsulukidze and Rusulashvili v. Georgia, nos. 44681/21 and 17256/22
Participation of judge on Supreme Court three-member panels rejecting applicants’ respective claims, his judicial assistant being the daughter of the lawyer representing the respondent company.
Judgment | Legal Summary
Couso Permuy v. Spain, no. 2327/20
Discontinuation of criminal proceedings investigating the killing of a Spanish journalist in Iraq for lack of jurisdiction following a legislative reform restricting the Spanish courts’ universal jurisdiction for offences committed extraterritorially.
Judgment | Legal Summary
Meli and Swinkels Family Brewers N.V. v. Albania, nos. 41373/21 and 48801/21
Dismissal of applicants’ constitutional complaints as a result of both a tied vote and a failure to reach the required five-judge majority, respectively.
Judgment
TMMOB and Tezcan Karakuş Candan v. Türkiye (dec.), no. 46514/15
Alleged failure to execute a judgment ordering a stay of execution of a decision to make available land in a protected forest area for the construction of a presidential complex.
Decision
Wick v. Germany, no. 22321/19
Repeated transfers at short notice of a convicted prisoner from one prison to another, preventing the examination of his actions against such transfers, his placement in solitary confinement and under video surveillance.
Judgment
Zouboulidis v. Greece (no. 3), no. 57246/21
Action for damages allegedly caused by the Court of Cassation’s rejection of appeal on points of law, found by the Court to have breached Article 6 § 1, declared inadmissible for lack of jurisdiction by the Supreme Administrative Court.
Judgment
Patricolo and Others v. Italy, nos. 37943/17 and 2 others
Failure to file within the legal time-limit an attestation that the paper copy of the notice of service was a true copy of the electronic original.
Judgment
M.M. v. France (dec.), no. 13303/21
Refusal to investigate complaints on acts of torture during a demonstration in Cairo, lodged against the Egyptian President while on an official visit in France.
Decision
Verein KlimaSeniorinnen Schweiz and Others v. Switzerland [GC], no. 53600/20
Lack of sufficient action to mitigate effects of climate change – complaints brought by a Swiss association of older women concerned about the consequences of global warming on their living conditions and health, as well as four individual women.
Judgment | Legal Summary
Tamazount and Others v. France, no. 17131/19
Conseil d’État’s declaration of lack of jurisdiction, based on acts of State doctrine, limited to compensation claims lodged by children of Harkis on grounds of State liability for failure to protect Harkis in Algeria at time of Algerian independence and systematically repatriate them to France.
Judgment | Legal Summary
Föderation der Aleviten Gemeinden in Österreich v. Austria, no. 64220/19
Refusal to register the applicant association as a religious community.
Judgment
Centrum Handlowe Agora SP. Z O.O. v. Poland (dec.), no. 8928/13
Refusal of the applicant company’s request to be exempted from court fees.
Decision
Stylianidis v. Cyprus (dec.), no. 24269/18
Inability of former judge to seek judicial review of the decision to promote other candidate judges.
Decision
Aktay v. Türkiye (dec.), nos. 56064/16 and 2 others
Fines imposed on a lawyer for abuse of the right of application in relation to constitutional complaints brought on behalf of clients, some of whom had died before those complaints were brought. Applicability.
Decision
Syndicat National Des Journalistes and Others v. France, no. 41236/18
Lack of impartiality of three judges of the Court of Cassation who had participated in the examination of the applicants' cassation appeal despite having regular, close and paid professional relations with the opposing party to the procedure.
Judgment
Țîmpău v. Romania, no. 70267/17
Automatic termination of the employment of a lay teacher of Orthodox religion at a secondary public school after the withdrawal of her endorsement by a local Archbishop. Applicability.
Judgment
Gyulumyan and Others v. Armenia (dec.), no. 25240/20
Termination of the terms of office of Constitutional Court judges and its President, all appointed with life tenure, through non-judicially reviewable amendments in the context of a constitutional reform. Applicability.
Decision | Legal Summary
Cangı and Others v. Türkiye, no. 48173/18
Applicability of the civil limb of Article 6 to the applicants’ participation in administrative proceedings on an environmental impact assessment decision concerning the extraction of gold using cyanide leaching at a mine.
Judgment
Toivanen v. Finland, no. 46131/19
Alleged unfairness on account of the decision by the Court of Appeal’s Acting Chief Justice to transfer the examination of the applicant’s appeal against the revocation of his trial counsel licence to an extended composition of that court.
Judgment | Legal Summary
Pająk and Others v. Poland, nos. 25226/18 and 3 others
Legislation differentiating between men and women with regard to the retirement age of judges.
Judgment
Hanževački v. Croatia, no. 49439/21
Unforeseeable retroactive application of admissibility criteria for lodging a constitutional complaint of inadequate conditions of detention.
Judgment | Legal Summary
Camara v. Belgium, no. 49255/22
Domestic authorities' refusal to implement an enforceable order requiring the State to provide an asylum seeker with accommodation and material support.
Judgment | Legal Summary
Ben Amamou v. Italy, no. 49058/20
Applicant “taken by surprise” by the fact that the Court of cassation based its decision on a ground raised of its own motion.
Judgment
Lorenzo Bragado and Others v. Spain, nos. 53193/21 and 5 others
Parliament’s failure to pursue the mandatory selection process to the governing body of the judiciary.
Judgment
Lo Fermo v. Italy (dec.), no. 58977/12
Divergence in the case-law of the superior administrative court.
Decision
Roccella v. Italy, no. 44764/16
Witnesses not heard on appeal despite acquittal at first instance and the right to adversarial proceedings.
Judgment
Kitanovska and Barbulovski v. North Macedonia, nos. 53030/19 and 31378/20
Rejection of objection against payment order issued by notary public, without examination of merits, for not having been submitted through a lawyer as required by domestic law.
Judgment
Croatian Radio-Television v. Croatia, no. 52132/19 and 19 others
Effectiveness of the domestic mechanism to overcome inconsistent case-law.
Judgment | Legal Summary
Miladinova v. Bulgaria, no. 31604/17
Dismissal of civil action due to reopening of criminal proceedings more than eight months after their discontinuation.
Judgment
Thierry v. France (dec.), no. 37058/19
Full jurisdiction of a "tribunal" in disciplinary proceedings.
Decision
Ovcharenko and Kolos v. Ukraine, nos. 27276/15 and 33692/15
Dismissal of constitutional judges.
Judgment | Legal Summary
M.K. and Others v. France, nos. 34349/18 and 2 others
Refusal by the administrative authorities to enforce interim orders requiring the State to provide some asylum-seekers and their children with emergency accommodation. Applicability and merits.
Judgment | Legal Summary
Makrylakis v. Greece, no. 34812/15
Dismissal of compensation applications for two-year detention following acquittal judgment given on appeal.
Judgment
Marina Aucanada Group S.L. v. Spain, no. 7567/19
No personal summoning of applicant company in context of judicial proceedings concerning annulment of a decision announcing a public tender. Applicability and merits.
Judgment
Dolenc v. Slovenia, no. 20256/20
Recognition by Slovenian courts of judgments delivered in Israel against the applicant.
Judgment
Çöçelli and Others v. Türkiye, no. 81415/12
Alleged lack of neutrality of court-appointed experts.
Judgment
Juszczyszyn v. Poland, no. 35599/20
Grave irregularities in appointment of judges to newly established Supreme Court’s Disciplinary Chamber, that suspended judge from duties for verifying another judge’s independence.
Judgment | Legal Summary
Angerjärv and Greinoman v. Estonia, nos. 16358/18 and 34964/18
Applicability: judicial removal of lawyers from ongoing civil proceedings for obstructing the proceedings and inappropriate behaviour.
Judgment | Legal Summary
Katsikeros v. Greece, no. 2303/19
Issue of impartiality as concerns the composition of the Court of Cassation and the necessary diligence from the applicant.
Judgment
Bieliński v. Poland, no. 48762/19
Length of proceedings on pension stayed pending examination of legal question by Constitutional Court.
Judgment
Żurek v. Poland, no. 39650/18
Premature termination ex lege, after legislative reform, of a judge’s mandate as member of the National Council of the Judiciary (NCJ) and its spokesperson. Applicability and merits.
Judgment
Xavier Lucas v. France, no. 15567/20
Decision declaring appeal application barred by failure to submit it electronically, practical obstacles notwithstanding.
Judgment | Legal Summary
Straume v. Latvia, no. 59402/14
No public hearing or public delivery of the judgments.
Judgment | Legal Summary
Mierla and Others v. Romania (dec.), nos. 25801/17 and 2 others
Applicability: delayed drafting of reasoning of court judgments.
Decision
Dragan Kovačević v. Croatia, no. 49281/15
Costs of proceedings before a Constitutional Court on divestment of legal capacity.
Judgment | Legal Summary