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ECHR. LOIZOU v. GREECE. Infringement of art. 5 §§ 1, 4 of the Convention
Art. 5 §§ 1 and 1 c) • Illegality of continuous pre-trial detention, interrupted to serve a prison sentence for other offenses, in the absence of a clear legal basis in national law • No prompt notification of the judgment providing for the conversion of the prison...
ECHR. AZIZOV AND NOVRUZLU v. AZERBAIJAN. Infringement of art. 18 and art. 5 § 3
Art. 5 § 3 • Reasonableness of pre-trial detention • Domestic courts’ failure to provide “relevant” and “sufficient” reasons justifying extension of applicants’ pre-trial detention; Art. 18 (+ Art. 5 § 3) • Restrictions for unauthorised purposes • Pre-trial detention...
ECHR. CASE OF KOLESNIKOVA v. RUSSIA. Infringement of art. 6 § 1 of the Convention
Art 6 § 1 • Impartial tribunal • Rejection of a non-abusive recusal request of all the judges of a tribunal who decided themselves on the recusal against them • The Court of Cassation did not remedy the litigation deficiencies. Assessment of the Court 49. ...
ECHR. Lascau v. Romania. Breach of art. 6 § 1 of the Convention
Motivation of the Court The Court refers to the general principles governing the application method of art. 6 of the Convention on appeal proceedings, which it recalled in the case of Găitănaru versus Romania (paragraphs 26-28, 26th June 2012; see also Flueraș versus...
ECHR. SÜLEYMAN v. TURKEY. Infringement of art. 6 § 1 and § 3 (d) of the Convention
The applicant complained that the fairness of the criminal proceedings against him had been tainted owing to his alleged inability to confront and question the only eyewitness to the shooting of M.Ü., namely witness X, in person....
ECHR. Dan v. the Republic of Moldova. Infrigement of Art. 6 of the Convention
The Court notes from the outset the Government’s argument that the applicant had agreed to the reading out of the statements of the absent witnesses during the hearing. The Court notes that indeed the applicant, who had been acquitted at first instance, did not...
ECHR. Ćwik v. Poland. Infrigement of Art. 6 of the Convention
Application of the principles In the present case, the applicant claimed that the criminal proceedings against him had been unfair on the grounds that the court had admitted into evidence the information extracted from K.G., a...
ECHR. Mircea v. Romania. Infringement of art. 6 § 1 and § 3 lit. c) of the Convention
I. Regarding the alleged infringement of art. 6 § 1 and § 3 lit. (c) of the Convention invoked on by the applicant, since his conviction was based on statements made shortly after his interpellation by the police and without the effective assistance of a lawyer,...
ECHR. DOROŻ v. POLAND. Violation of Article 8 of the Convention
The Court’s assessment „(27) Considering the content and scope of the search order, the Court notes that the prosecutor’s order of 6 April 2011 was drafted in broad terms referring to securing evidence, that is, the “leaflets with information about the salary of...
ECHR. AYETULLAH AY v. TURKEY. Violation of Article 6 §§ 1 and 3 of the Convention
The Court’s assessment. General principles In deciding whether applicants have received a fair hearing the Court does not take the place of the domestic courts, who are in the best position to assess the evidence before them, establish facts and interpret domestic...
Conditions of the incidence of relative nullity (Art. 282 of the Criminal Procedure Code)
Relative nullity is a virtual nullity that derives from the fundamental principle of lawfulness and results from the infringement of any legal provisions regarding the proceedings, other than the ones expressly stipulated by law, that entail – result in absolute...
Cleared civil servant. Repairing the damage caused to the employee
I. The factual situation, briefly On 2nd October, 2015, the prosecution of the defendant, a civil servant, was ordered by the Prosecutor's Office attached to the District Court of Sector 1 Bucharest, context in which on 16th October, 2015 it was ordered the legal...
A recovery plan for Europe. Extraordinary European Council
EU leaders will attend a physical meeting in Brussels to discuss about the recovery plan in response to the crisis caused by COVID-19, as well as about a new long-term EU budget. The meeting will take place between 17th and 18th July 2020, during which a final...
Obtaining data regarding transactions vs. the financial status of an individual
In the initial version of the Code of Criminal Procedure, obtaining the financial information of an individual could be achieved by obtaining a surveillance warrant under the provisions of art. 138 para. 1 lit. e) Code of Criminal Procedure ("Obtaining data on a...
The right to deduct VAT. European regulation vs. national practice
The Court of Justice of the European Union (CJUE), in case file C-430/191 has recently ruled on a very interesting issue, namely that: “The principles governing the application by Member States of the common system of value added tax (VAT), in particular those of...
