Grand Chamber judgments concerning the Czech Republic
The Court has delivered two Grand Chamber judgments concerning the Czech Republic.
The case Fu Quan S. R. O. v. the Czech Republic concerned the seizure of property amounting to nearly 2.4 million euros belonging to the applicant company in the course of a tax evasion investigation and trial. It was held for five years.
The case Grosam v. the Czech Republic concerned the disciplinary chamber of the Supreme Administrative Court’s issuing a fine in disciplinary proceedings to the applicant for professional misconduct, and his subsequent appeal to the Constitutional Court.
FU QUAN, s.r.o. v. the Czech Republic
Fourth Summit of the Heads of State and Government of the Council of Europe
On 16 and 17 May 2023 President Síofra O’Leary represented the Court at the 4th Council of Europe Summit in Reykjavik (Iceland). She delivered a statement on that occasion and held bilateral meetings with: Emmanuel Macron, President of the French Republic; Maia Sandu, President of the Republic of Moldova; Alexander de Croo, Prime Minister of Belgium; Andrej Plenković, Prime Minister of Croatia; Katrín Jakobsdóttir, Prime Minister of Iceland; Leo Varadkar, Taoiseach of Ireland; Xavier Bettel, Prime Minister of Luxembourg; Rishi Sunak, Prime Minister of the United Kingdom; and Ursula von der Leyen, President of the European Commission.
Speech by President Síofra O’Leary Video of the speech Reykjavik Declaration Memorandum of the ECHR
Judgment concerning Ukraine01/06/2023
In the case of Maymulakhin and Markiv v. Ukraine the Court held, unanimously, that there had been a violation of the prohibition of discrimination taken in conjunction with the right to respect for private and family life.
The case concerned legal recognition and protection of same-sex couples in Ukraine. The Court found that the applicants had been treated differently from opposite-sex couples on account of the lack of any legal recognition and protection for them and that their sexual orientation had been the sole basis for the difference in treatment....
Judgment concerning Croatia30/05/2023
In the case of Mesić v. Croatia (no. 2) the Court held that there had been no violation of the right to respect for private life.
The case concerned an article published in February 2015 by an Internet news portal Dnevno.hr suggesting that the applicant, a former President of Croatia, had, during his term of office, been offered or taken bribes in relation to the procurement of armoured vehicles for the Croatian army from a Finnish company.
The Court found that the article had not targeted the applicant’s private life but had referred to his conduct in the exercise of his official duties and, in reporting what had been stated in official documents, had not unambiguously stated that he had participated in criminal activities. It also found that the Croatian courts had struck a fair balance between the applicant’s right to respect for his private life and the right of the news portal to freedom of expression....
3rd International Human Rights Forum02/06/2023
On 25-26 May 2023 President Síofra O’Leary attended the 3rd International Human Rights Forum held at the Inter-American Court of Human Rights, in San José, Costa Rica. She was accompanied by Arnfinn Bårdsen, Section President, and Judges María Elósegui, Darian Pavli and Anja Seibert-Fohr.
Judges from the European Court of Human Rights, the Inter-American Court of Human Rights and the African Court of Human and Peoples’ Rights who took part in the Forum exchanged views on the following topics: judicial independence and rule of law; and environment, climate change, and human rights.
The delegation of the Court also attended a public seminar on the topic Regional systems of human rights protection and their challenges, where President O’Leary intervened.
A second Declaration of San José was signed on the occasion on 26 May 2023....
Moot Court Winner 202326/05/2023
The team from the University of Maastricht was declared winner of the 11th edition of the European Moot Court Competition in English on the European Convention of Human Rights. 18 university teams from 10 countries were competing to win a fictitious case related to gestational surrogacy from 22 to 26 May 2023.
This competition is organised jointly by the Council of Europe and the European Law Students Association (ELSA)....
Interim measures lifted concerning Belgium01/06/2023
The Court has decided to lift the interim measures that it had indicated to the Belgian State in 1,350 cases and to strike the applications out of its list of cases as the applicants had not submitted application forms to the Court.
The cases concerned asylum-seekers who complained that they had not been assigned accommodation in reception facilities in Belgium....
Delivered Judgments & Decisions
Forthcoming Judgments & Decisions