FIFTH SECTION CASE OF KOROL AND OTHERS v. UKRAINE (Applications nos. 54503/08 and 7 others – see appended list) JUDGMENT STRASBOURG 7 March 2019 This judgment is final but it may be subject to editorial revision. In the case of…
Striking out (Article 37) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Striking out (Article 37)[302] The issue before the Grand Chamber in Khan v. Germany[303] was whether an application should be struck out since the applicant faced no risk of expulsion in the…
Limitation on use of restrictions on rights (Article 18) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Other Convention provisions Limitation on use of restrictions on rights (Article 18) The Navalnyy and Ofitserov v. Russia[290] judgment concerned the applicability of Article 18 of the Convention when relied on in…
Protection of property (Article 1 of Protocol No. 1) / Overview of the Case-law of the ECHR 2016
Overview of the Case-law of the ECHR 2016 Protection of property (Article 1 of Protocol No. 1) Applicability In its judgment in Béláné Nagy v. Hungary[276] the Grand Chamber examined how the notion of “legitimate expectation” had evolved since its…
Prohibition of discrimination (Article 14) / Overview of the Case-law of the ECHR 2016
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’…