Judicial activities


Human Rights building
05/11/26

Measures under Rule 39 of the Rules of Court are decided in connection with proceedings before the Court, without prejudging any subsequent decisions on the admissibility or merits of the case.

Human Rights building view from the sky
05/11/26

Interpretation of legislation by national authorities created uncertainty for unions and employees as to lawfulness of strike.

 

In the case of Alonso Radesca and Others v. Switzerland the Court held that there had been a violation of freedom of assembly and association.

The case concerned a strike in a private hospital over its withdrawal from a collective bargaining agreement. The national authorities had found the strike to be unlawful, resulting in the hospital employees who had participated in it being dismissed and criminal sanctions being imposed on the secretaires of the unions who had been mandated to conduct the negotiations.

The Court found that neither Article 28 of the Constitution, which guaranteed the right to strike, nor the national case-law provided a clear basis for concluding that a lawful strike could become unlawful because a court, with the benefit of hindsight, considered that an employer had offered terms which meant that the continuation of the strike was unnecessary. Such an interpretation created a significant degree of uncertainty for unions and employees as to the circumstances in which they continued collective action while retaining the protection afforded under national law.

Main hearing room of the Human Rights building
05/11/26

Journalist who challenged National Judicial and Legal Service Commission (CSM) decision affecting his reputation should have applied to civil rather than administrative courts.

 

The Court declared the application in the case of Curea v. Romania inadmissible.

The case concerned a journalist who complained of the impossibility of bringing administrative proceedings to challenge a decision of the National Judicial and Legal Service Commission (Consiliul Superior al Magistraturii – CSM). The decision had been given to protect a prosecutor’s professional reputation following the publication of an article by the applicant, but the applicant alleged that his own professional reputation had been damaged as a result. After his administrative application was rejected, he applied to the Court under Article 6 of the Convention (right of access to a court).

The Court pointed out that the CSM procedure for the protection of reputation concerned judges and prosecutors only and was intended to preserve their independence and impartiality, thereby ensuring public confidence in the justice system. In the case at hand, the CSM’s decision had related to a prosecutor’s professional conduct and had no legal effect on the applicant, a journalist, who could assert his own civil rights before the competent civil courts.

Main hearing room of the Human Rights building (detail)
05/11/26

State connection to fatal acid attack on anticorruption campaigner breaches right to life and freedom of expression.

 

In the case of Gandzyuk and Others v. Ukraine, the Court held that there had been a violation of the right to life/effective investigation.

The case concerned a lethal sulfuric acid attack on the applicant, a local anti-corruption activist and public official in Kherson, allegedly commissioned by State officials.

The Court found that the attack had been a premediated and renumerated operation with the purpose of silencing an individual acting as a public watchdog. There were sufficiently strong, clear and concordant influences to conclude that there had been a close connection between the attack and the exercise or abuse of public authority so to engage the State’s responsibility. The Court also found a violation the freedom of expression. The attack had been objectively capable of instilling fear in other journalists, activists and members of civil society. It carried an especially serious chilling effect on public debate concerning corruption and abuse of power.

Human Rights building in winter (detail)
04/11/26

Romanian judge’s request for interim measure suspending managerial appointment rejected

 

The Court has decided to reject the request for an interim measure in the case of Marinaş v. Romania.

The case concerns a judge and her complaint about the temporary appointment of another judge to a managerial position within the Craiova Court of Appeal where she works.

The Court has rejected as out of scope her request to suspend a decision by the Romanian Superior Council of Magistracy (CSM) appointing temporarily another judge as vice-president of the Craiova Court of Appeal.

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Press releases on other judgments and decisions

05/11/26

5 November: 4 Judgments & 10 Decisions

3 November: 8 Judgments

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