91. The girls had been abducted by masked men during a contact session with the applicant. The men had injured the applicant, who had been hospitalised. The abduction had been planned by C, and the girls had been found with him in a flat in H. The plan had been to take the girls to […]
I fully agree with the judgment in this case. I thought it might be useful, however, to make a few general observations concerning the procedurally idiosyncratic nature of cases such as the one we have decided today. Cases such as Scozzari and Giunta v. Italy are not paradigmatic legal disputes. They generate specific problems relating […]
In making decisions about the care of children, their best interests are paramount. (nota de subsol 482: Johansen v Norway (2008), Kearns v France (2011), R and H v UK, YC v UK (2012)) (…..) – it is not enough to show that a child could be place in a more beneficial environment for their […]
In Shavdarov v Bulgaria, the Court noted that the applicant had lived with the children as their father for a number of years and concluded that family life existed. (…) The Convention does not guarantee the right to adopt as such and Article 8 does not oblige states to grant a person the status of […]
„Se zice, de exemplu, că omul are o singură viață, deci să profite cât mai mult de ea, satisfăcând numai pofte și interese personale. Se mai zice „o mână spală pe alta și amândouă obrazul”, pentru că având această credință de aparență curățire, să nu considere prea grav dacă se pătează, așa, câte puțin, din […]
Ill-treatment of an individual ‘must attain a minimum level of severity’ if it is to fall within Article 3. (…) Also relevant is whether the victim is within a further category, which overlaps with those listed above, of persons who are ‘vulnerable’, including the elderly, minors, asylum seekers, and persons in detention. (…) A state […]
But in Kutepov and Anikeyenko v Russia, the Court did leave open the possibility that an inadequate pension that give rise ro a „real and immediate risk” to a person’s life might „warrant the application of Article 2”. D. J. Harris, M. O’Boyle, E. P. Bates, C. M. Buckley (Law of the European Convention on […]
In DH and Others v Czech Republic, concerning allegations of discrimination against the Roma community, the Court considered that once the applicants had shown, with reference to statistical information, evidence of indirect discrimination against them as a group, the burden of proof shifted to the respondent government to show that the difference in treatment was […]
Lorsqu’un litige devant une juridiction d’un État membre soulève des problèmes d’application du droit de l’Union, le juge national a la possibilité, voire l’obligation si son jugement n’est pas susceptible d’un recours de droit interne, de poser une question préjudicielle à la Cour sur l’interprétation ou la validité du droit de l’Union. En effet, il […]
En vue de coordonner et d’établir la position belge, la DGE a organisé quelque 366 réunions (formelles de coordination, ad hoc, de concertation). La direction générale Coordination et Affaires européennes (DGE) est chargée du suivi général et de la coordination de la transposition de la législation européenne par les autorités compétentes. Theodora Gentzis Directrice générale […]
