Article 6 Civil - All Updates - ECHR-KS
Article 6 Civil - Right to a fair trial
All Updates
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
Bieliński v. Poland, no. 48762/19
Length of proceedings on pension stayed pending examination of legal question by Constitutional Court.
Judgment
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
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
Nalbant and Others v. Turkey, no. 59914/16
Amount of court fees and business companies. Applicants led to abandon their appeal.
Judgment
Benghezal v. France, no. 48045/15
Opposing party's legal representation costs to be paid by the losing party.
Judgment
Derbuc and Others v. Croatia (dec.), nos. 53977/14 and 41902/15
No excessive amount of costs of proceedings.
Decision
Grzęda v. Poland [GC], no. 43572/18
Premature termination, after legislative reform, of a judge's term of office as a member of the National Council of the Judiciary. Applicability and merits.
Judgment | Legal Summary
D’Amico v. Italy, no. 46586/14
Retrospective law determining the substance of pensions disputes in pending proceedings.
Judgment | Legal Summary
Plazzi v. Switzerland, no. 44101/18
Lack of suspensive effect of a father's appeal against the transfer abroad by the mother of his child's place of residence, and national courts' lack of jurisdiction.
Judgment | Legal Summary
Q and R v. Slovenia, no. 19938/20
Length of proceedings in family matters and restrictions necessitated by Covid-19.
Judgment | Legal Summary
Roth v. Switzerland, no. 69444/17
Lack of suspensive effect of a father's appeal against the transfer abroad by the mother of his child's place of residence, and national courts' lack of jurisdiction.
Judgment | Legal Summary
Kramareva v. Russia, no. 4418/18
Prosecutor’s participation in civil proceedings.
Judgment | Legal Summary
Adomaitis v. Lithuania, no. 14833/18
Secret surveillance materials used in disciplinary proceedings.
Judgment
Tabak v. Croatia, no. 24315/13
Expert’s impartiality and applicant's necessary diligence in that regard.
Judgment
Corneschi v. Romania, no. 21609/16
Limitations of procedural rights in the context of withdrawal of security clearance and dismissal.
Judgment
Gražulevičiūtė v. Lithuania, no. 53176/17
Failure to respect res judicata effect of a final court decision.
Judgment
Hamzagić v. Croatia, no. 68437/13
Experts in proceedings on disability pension employed by the same administrative authority that is a party to the case.
Judgment
Ghrenassia v. Luxembourg, no. 27160/19
Supreme Court's reasoning on inadmissibility on formal grounds.
Judgment
Jallow v. Norway, no. 36516/19
Father participating via Skype in the proceedings on parental responsibility abroad.
Judgment
Baljak and Others v. Croatia, no. 41295/19
Manifestly unreasonable domestic courts' conclusion in view of the Court’s case-law under Article 2.
Judgment
Čolić v. Croatia, no. 49083/18
Costs order amounting to double applicant's compensation award.
Judgment | Legal Summary
Vasil Vasilev v. Bulgaria, no. 7610/15
Lack of public hearing and non-publication of the judgments on account of evidentiary materials obtained by way of secret surveillance.
Judgment