Request for an advisory opinion
Armenia has submitted the second request for the Court to give an advisory opinion under Protocol No. 16 to the Convention. The Armenian Constitutional Court stated that its request concerned two cases on the constitutionality of Article 300.1 of the Criminal Code, which penalises the overthrowing of the constitutional order. A panel of five judges will decide whether to accept the request for an advisory opinion.
Protocol No. 16 allows the highest courts and tribunals, as specified by the member States which have ratified it, to request the Court to give advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention or its Protocols. The first such request was made by France and concerned surrogacy.
Judgment concerning Poland25/07/2019
In the case of Brzeziński v. Poland the Court found a violation of freedom of expression on account of the conviction of the applicant, who had been running for election as a municipal councillor in Koziegłówki in 2006, for publishing a brochure criticising the way in which the municipality was run.
After reiterating that there was little scope under the Convention for restrictions on political speech or on the debate of questions of public interest, the Court found that the applicant had been subjected to a penalty that could have an inhibiting effect, although he had been taking part in a political debate....
The Court has found the application in the case of Shala v. Switzerland to be manifestly unfounded, and declared it inadmissible.
The applicant, a Kosovar national who had been sentenced to 18 years’ imprisonment for murder in the context of a blood feud, argued that he and members of his family who were involved in the crime had not received a fair trial....
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