Overview of the Case-law of the ECHR 2016 Prohibition of discrimination (Article 14) [253] Article 14 taken in conjunction with Article 8 The judgment in Biao v. Denmark[254] related to a restriction on family reunification, which indirectly discriminated against persons such as…
Freedom of assembly and association (Article 11) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Freedom of assembly and association (Article 11) Freedom of peaceful assembly [246] The Frumkin v. Russia[247] judgment related to the State authorities’ positive obligation to communicate with the leaders of a protest…
Freedom of expression (Article 10) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Freedom of expression (Article 10) Applicability In its judgment in Semir Güzel v. Turkey[209] the Court examined the question of conduct as a form of expression protected by Article 10. The applicant was…
Freedom of thought, conscience and religion (Article 9) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Freedom of thought, conscience and religion (Article 9) Freedom of religion[195] İzzettin Doğan and Others v. Turkey[196] concerned the State’s obligation of impartiality and neutrality as regards religious beliefs. The applicants are…
Right to respect for one’s private and family life, home and correspondence (Article 8) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Other rights and freedoms Right to respect for one’s private and family life, home and correspondence (Article 8) Private life[155] The judgment in Dubská and Krejzová v. the Czech Republic[156] concerned domestic…
Right to an effective remedy (Article 13) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Right to an effective remedy (Article 13)[150] In Mozer[151], cited above, the applicant, who had been detained since 2008, was convicted in 2010 of defrauding two companies and sentenced to seven years’…
Prohibition of collective expulsion of aliens (Article 4 of Protocol No. 4) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Prohibition of collective expulsion of aliens (Article 4 of Protocol No. 4) The backdrop to the judgment in Khlaifia and Others, cited above[144], was the 2011 migration crisis and the consequent challenges…
Right not to be tried or punished twice (Article 4 of Protocol No. 7) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Right not to be tried or punished twice (Article 4 of Protocol No. 7) The judgment in A and B v. Norway[137] concerned parallel or dual administrative and criminal sanctions for the…
Other rights in criminal proceedings / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Other rights in criminal proceedings No punishment without law (Article 7) The Bergmann v. Germany[129] judgment concerned the retrospective prolongation of preventive detention ordered by a criminal court and the notion of a…
Right to a fair hearing in criminal proceedings (Article 6 § 1) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Right to a fair hearing in criminal proceedings (Article 6 § 1) Access to a court The case of Marc Brauer v. Germany[104] concerned the refusal to consider an appeal against an…