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Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014

ECJ (Opinion of the full court) Opinion pursuant to Article 218(11) TFEU – Draft international agreement – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms – Compatibility of the draft agreement with the EU and FEU TreatiesHeld: ‘The agreement on the accession of the European … Continue reading Accession of The European Union to the European Convention for The Protection of Human Rights and Fundamental Freedoms: ECJ 18 Dec 2014

Accession Of The European Union To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: ECJ 13 Jun 2014

ECJ (View Of Advocate General Kokott) Conclusion of international agreements by the European Union – Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) – Preservation of the specific characteristics of the European Union and EU law – Maintaining the competences of the European Union … Continue reading Accession Of The European Union To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: ECJ 13 Jun 2014

Vasilescu v Belgium (Legal Summary): ECHR 25 Nov 2014

ECHR Article 46 General measures Article 46-2 Execution of judgment Respondent State required to take general measures to improve conditions of detention and to afford appropriate remedies Article 3 Degrading treatment Inhuman treatment Conditions of detention amounting to degrading and inhuman treatment: violation Facts – The applicant complained before the European Court of the conditions … Continue reading Vasilescu v Belgium (Legal Summary): ECHR 25 Nov 2014

Mackay And BBC Scotland v United Kingdom: ECHR 14 Oct 2009

[2009] ECHR 1574 Bailii European Convention on Human Rights Citing: See Also – Mackay and BBC Scotland v United Kingdom ECHR 17-Mar-2008 . . Cited by: See Also – Mackay and BBC Scotland v United Kingdom ECHR 7-Dec-2010 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 16 January … Continue reading Mackay And BBC Scotland v United Kingdom: ECHR 14 Oct 2009

Mocanu and Others v Romania: ECHR 17 Sep 2014

10865/09 45886/07 32431/08 – Grand Chamber Judgment, [2014] ECHR 1181 Bailii European Convention on Human Rights Human Rights Cited by: Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019 (Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces … Continue reading Mocanu and Others v Romania: ECHR 17 Sep 2014

Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 19 Mar 2014

In 1948, there had been an incident in what later became part of Malaysia, in a counter insurgency patrol, when 24 civilians were said to have been killed by a patrol from the Scots Guards. The claimant now appealed against the refusal of a further inquiry. Held: The appeal failed. Maurice Kay, Rimer, Fulford LJJ … Continue reading Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 19 Mar 2014

Sher And Others v The United Kingdom: ECHR 13 Nov 2014

[2014] ECHR 1249, 5201/11 Bailii European Convention on Human Rights Human Rights Citing: See Also – Sher And Others v The United Kingdom ECHR 2-Oct-2013 . . Cited by: See Also – Sher And Others v The United Kingdom ECHR 20-Oct-2015 . . Lists of cited by and citing cases may be incomplete. Human Rights … Continue reading Sher And Others v The United Kingdom: ECHR 13 Nov 2014

Mott, Regina (on The Application of) v Environment Agency: SC 14 Feb 2018

The Court considered the legality under the European Convention on Human Rights of licensing conditions imposed by the Environment Agency restricting certain forms of salmon-fishing in the Severn Estuary. The claimant operated a licensed putcher rank salmon fishing business. Held: The Agency’s appeal failed. The judge’s reasoning was correct. He had not find it necessary … Continue reading Mott, Regina (on The Application of) v Environment Agency: SC 14 Feb 2018

Shahid v Scottish Ministers (Scotland): SC 14 Oct 2015

The appellant convicted of a racially-aggravated vicious murder. Since conviction he had spent almost five years in segregation from other prisoners. The appellant now alleged that some very substantial periods of segregation had been in breach of the prison rules and of his Human Rights. Time limits for authorisation had not been complied with. Held: … Continue reading Shahid v Scottish Ministers (Scotland): SC 14 Oct 2015

Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015

The court was asked: ‘(1) Do rights under Article 8 of the European Convention on Human Rights and Fundamental Freedoms 1950 (ECHR) survive the making of an adoption order? (2) Did the coming into force in April 2014 of s. 51A Adoption and Children Act 2002 (ACA 2002), which allows the court to make a … Continue reading Seddon v Oldham MBC (Adoption : Human Rights): FD 14 Sep 2015

T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014

T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to disclose the warnings given to him violated the same right. Held: The … Continue reading T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014

Tatar v Switzerland: ECHR 14 Apr 2015

ECHR Article 3 Expulsion Proposed removal of a mentally-ill person at risk of blood feud and of torture by national authorities in country of destination: expulsion would not constitute a violation Article 2 Expulsion Proposed removal of a mentally-ill person at risk of severe self-harm: expulsion would not constitute a violation Facts – In 1994 … Continue reading Tatar v Switzerland: ECHR 14 Apr 2015

Horvath And Vajnai v Hungary: ECHR 23 Sep 2014

55795/11, 55798/11 – Committee Judgment, [2014] ECHR 1000 Bailii European Convention on Human Rights Human Rights Cited by: See Also – Noe, Vajnai And Bako v Hungary ECHR 23-Sep-2014 The applicants complained under Article 10 of the Convention that their convictions for displaying a red star were a breach of their right to freedom of … Continue reading Horvath And Vajnai v Hungary: ECHR 23 Sep 2014

Noe, Vajnai And Bako v Hungary: ECHR 23 Sep 2014

The applicants complained under Article 10 of the Convention that their convictions for displaying a red star were a breach of their right to freedom of expression. Helen Keller, P 24515/09, 24539/09, 24611/09 – Committee Judgment, [2014] ECHR 995 Bailii European Convention on Human Rights Human Rights Citing: See Also – Horvath And Vajnai v … Continue reading Noe, Vajnai And Bako v Hungary: ECHR 23 Sep 2014

Vajnai v Hungary No4: ECHR 23 Sep 2014

Helen Keller, P 6061/10 – Committee Judgment, [2014] ECHR 997 Bailii European Convention on Human Rights Human Rights Citing: See Also – Noe, Vajnai And Bako v Hungary ECHR 23-Sep-2014 The applicants complained under Article 10 of the Convention that their convictions for displaying a red star were a breach of their right to freedom … Continue reading Vajnai v Hungary No4: ECHR 23 Sep 2014

Grant v The United Kingdom: ECHR 14 Sep 2011

Execution of judgment 32570/03 Bailii European Convention on Human Rights 10 Citing: See Also – Grant v The United Kingdom ECHR 23-May-2006 The applicant, born male, had gender reassignment surgery at the age of 26. When she was approaching her 60th birthday she sought a state pension. This was refused on the grounds that she … Continue reading Grant v The United Kingdom: ECHR 14 Sep 2011

Hoon v The United Kingdom (Dec): ECHR 13 Nov 2014

ECHR Article 8-1 Respect for private life Publication of parliamentary investigation into conduct of former Minister: inadmissible Article 6 Civil proceedings Article 6-1 Civil rights and obligations Complaints relating to parliamentary investigation into conduct of former Minister: inadmissible Facts – The case concerned the investigation by parliamentary authorities into the applicant, a former government minister, … Continue reading Hoon v The United Kingdom (Dec): ECHR 13 Nov 2014

Kruskic And Others v Croatia (Dec): ECHR 25 Nov 2014

ECHR Article 8-1 Respect for family life Refusal of claim by grandparents for custody of their grandchildren: inadmissible Facts – The first and second applicants were the grandparents of the third and fourth applicants, who were born in 2006 and 2005 respectively. In 2008 the children’s mother and in 2011 their father left the household … Continue reading Kruskic And Others v Croatia (Dec): ECHR 25 Nov 2014

Larionovs And Tess v Latvia (Dec): ECHR 25 Nov 2014

Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Constitutional complaint on retroactivity of criminal provision on genocide: inadmissible Facts – The applicants were former officials of the then Soviet Socialist Republic of Latvia. In 2003, pursuant to a provision inserted into the Latvian Criminal Code in 1993, they were convicted of crimes contrary to … Continue reading Larionovs And Tess v Latvia (Dec): ECHR 25 Nov 2014

Ereren v Germany: ECHR 6 Nov 2014

ECHR Article 5-3 Length of pre-trial detention Period of over five years in pre-trial detention owing to difficulties in obtaining evidence from abroad: no violation Facts – The applicant was arrested in Germany in April 2007 in possession of forged identity papers. He remained in custody and, following further inquiries, was detained in connection with … Continue reading Ereren v Germany: ECHR 6 Nov 2014

Aras (No2) v Turkey: ECHR 18 Nov 2014

ECHR Article 6-3-c Defence through legal assistance Lack of effective legal assistance during questioning: violation Article 6-1 Fair hearing Lack of effective legal assistance during questioning: violation Facts – The applicant was arrested on suspicion of qualified fraud. While he was being questioned by the investigating judge, his lawyer was allowed to enter the hearing … Continue reading Aras (No2) v Turkey: ECHR 18 Nov 2014

Hrvatski Lijecnicki Sindikat v Croatia: ECHR 27 Nov 2014

ECHR Article 11-1 Freedom of peaceful assembly Trade union prevented from holding a strike for almost four years: violation Facts – The applicant was a trade union of medical practitioners. In 2004 it and other trade unions concluded a collective agreement for the health-care sector with the Government. On the same day, the applicant union … Continue reading Hrvatski Lijecnicki Sindikat v Croatia: ECHR 27 Nov 2014

Braun v Poland: ECHR 4 Nov 2014

ECHR Article 10-1 Freedom of expression Historian fined for damaging a well-known professor’s reputation as domestic law required non-journalists to prove veracity of their allegations: violation Facts – The applicant, a film director, historian and author of press articles, referred to a well-known professor as a secret collaborator with the communist regime during a radio … Continue reading Braun v Poland: ECHR 4 Nov 2014

Amirov v Russia: ECHR 27 Nov 2014

ECHR Article 34 Hinder the exercise of the right of petition Failure to comply with interim measure indicated by the Court: violation Article 3 Degrading treatment Inhuman treatment Lack of adequate medical care of seriously ill detainee: violation Article 46 Article 46-2 Execution of judgment Individual measures Respondent State required to transfer disabled applicant to … Continue reading Amirov v Russia: ECHR 27 Nov 2014

Helmut Frodl v Austria: ECHR 14 Sep 2011

Execution of judgment 20201/04, [2011] ECHR 1572 Bailii European Convention on Human Rights P1A3 Human Rights Citing: Admissibility – Frodl v Austria ECHR 8-Jan-2009 Admissibility . . Judgment – Frodl v Austria ECHR 8-Apr-2010 The applicant alleged that his disenfranchisement because he was serving a term of imprisonment of more than one year constituted a … Continue reading Helmut Frodl v Austria: ECHR 14 Sep 2011

Horncastle And Others v The United Kingdom: ECHR 16 Dec 2014

The applicants alleged that the admission of witness statements from the deceased alleged victims at their trial rendered the proceedings unfair. Ineta Ziemele, P 4184/10 – Chamber Judgment, [2014] ECHR 1394 Bailii European Convention on Human Rights Human Rights Citing: At SC – Horncastle and Others, Regina v SC 9-Dec-2009 Each defendant said they had … Continue reading Horncastle And Others v The United Kingdom: ECHR 16 Dec 2014

Hromadka And Hromadkova v Russia: ECHR 11 Dec 2014

ECHR Article 8 Positive obligations Article 8-1 Respect for family life Failure to take all necessary measures to enable father and daughter to maintain and develop family life with each other in international abduction case: violation Facts – The first applicant, a Czech national, married a Russian national in 2003. The couple settled in the … Continue reading Hromadka And Hromadkova v Russia: ECHR 11 Dec 2014

Shibendra Dev v Sweden (Dec): ECHR 21 Oct 2014

ECHR Article 35-1 Exhaustion of domestic remedies Effective domestic remedy Retroactive redress in respect of alleged violations of Article 4 of Protocol No. 7 following Supreme Court decision of 11 June 2013: effective remedy Facts – In a plenary decision of 11 June 2013 (NJA 2013, p. 502) the Swedish Supreme Court, departing from its … Continue reading Shibendra Dev v Sweden (Dec): ECHR 21 Oct 2014

Jaloud v The Netherlands: ECHR 20 Nov 2014

ECHR Grand Chamber – Article 1 Jurisdiction of states Territorial jurisdiction in relation to alleged killing of Iraqi national by Netherlands serviceman, member of Stabilisation Force in Iraq Article 2 Positive obligations Article 2-1 Effective investigation Failure to hold effective investigation into alleged fatal shooting by Netherlands forces at vehicle checkpoint in southern Iraq: violation … Continue reading Jaloud v The Netherlands: ECHR 20 Nov 2014

Lucky Dev v Sweden: ECHR 27 Nov 2014

ECHR Article 4 of Protocol No. 7 Right not to be tried or punished twice Continuation of tax-surcharge proceedings after taxpayer’s acquittal of tax offence arising out of same facts: violation Facts – In June 2004 the Swedish tax authorities instituted proceedings against the applicant in respect of her income tax and VAT returns for … Continue reading Lucky Dev v Sweden: ECHR 27 Nov 2014

Armstrong v The United Kingdom: ECHR 9 Dec 2014

ECHR Criminal proceedings Article 6-1 Impartial tribunal Police officers’ participation on jury in case where police evidence was undisputed: no violation Facts – The applicant was convicted of murder by a jury which contained one retired police officer and one serving police officer. Both officers had informed the court of their status. The retired officer … Continue reading Armstrong v The United Kingdom: ECHR 9 Dec 2014

Pham v The United States of America: Admn 12 Dec 2014

The defendant appealed against an order for his extradition to the USA to face extra-territorial terrorist charges. Held: The court dismissed the appeal: ‘whether the appellant is a British citizen or not makes no difference to his relevant Article 6 rights. Our reasons are as follows: the ECtHR has stated many times that a decision … Continue reading Pham v The United States of America: Admn 12 Dec 2014

Valle Pierimpie Societa Agricola Spa v Italy: ECHR 23 Sep 2014

ECHR Article 1 para. 1 of Protocol No. 1 Deprivation of property Possessions Obligation on company to transfer fishing grounds to public authority without compensation and to pay substantial mesne profits if it remained in unlawful possession: violation Facts – The applicant company acquired a production facility known as Valle Pierimpie, a ‘fishing valley’ situated … Continue reading Valle Pierimpie Societa Agricola Spa v Italy: ECHR 23 Sep 2014

Navalnyy And Yashin v Russia: ECHR 4 Dec 2014

ECHR Article 11-1 Freedom of peaceful assembly Arrest and conviction of political activists for allegedly holding an unauthorised march: violation Facts – The applicants were two political activists and opposition leaders. In 2011 they were arrested for failing to obey a police order to stop a spontaneous march they were alleged to have held after … Continue reading Navalnyy And Yashin v Russia: ECHR 4 Dec 2014

Boyraz v Turkey: ECHR 2 Dec 2014

ECHR Article 14 Discrimination Woman dismissed from post of security officer on grounds of her sex: violation Facts – In 1999 the applicant, a Turkish woman, successfully sat a public-servant examination for the post of security officer in a branch of a State-run electricity company. The company initially refused to appoint her because she did … Continue reading Boyraz v Turkey: ECHR 2 Dec 2014