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TRIIAL CASE
Portugal, Supreme Court of Justice, Registration No. 22/21.8YFLSB, supreme, 4th July 2023.
Deciding court: Supreme Court of Justice
Topic: Independence, accountability.
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
TRIIAL CASE
Portugal, Administrative Court of Appeal, South, 1301/19.0BELSB, 14 May 2020
Deciding court: Tribunal Central Administrativo do Sul
Topic: Mutual Trust
National Follow Up Of (when relevant): Not applicable.
ECtHR jurisprudence: M.S.S. vs Belgium and Greece, Application no. 30696/09 (Decision of 21st January 2011) and Tarakhel vs Switzerland, Application no. 29217/12 (Decision of 14th November 2014); Salah Sheekh v. The Netherlands, Application No. 1948/04 (Decision of 11 January 2007); NA v. United Kingdom, Application No. 25904/07 (Decision of 17 July 2008); Abdolkhani and Karimnia v. Turkey, Application No. 30471/08 (Decision of 22 September 2009); Fg v. Sweden, Application No. 43611/11 (Decision of 23 March 2016)
TRIIAL CASE
Portugal, Supreme Administrative Court, 0115/20.9BELSB, 4 February 2021
Deciding court: Supreme Administrative Court
Topic: Mutual Trust
National Follow Up Of (when relevant): Not applicable
ECtHR jurisprudence: MSS vs Belgium, CE:ECHR:2011:0121JUD003069609.
TRIIAL CASE
Portugal, Superior Council of the Judiciary, April 2024
Deciding court: Superior Council of the Judiciary
Topic: Conflict of interests; individual judges’ liability
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
TRIIAL CASE
Portugal, Superior Council of the Judiciary, July 2021
Deciding court: Superior Council of the Judiciary
Topic: Conflict of interests; individual judges’ liability
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
TRIIAL CASE
Portugal, Lisbon Court of Appeal, 3604/22.7YRLSB-3, Appellate, 11.01.2023.
Deciding court: Lisbon Court of Appeal
Topic: Judicial independence; Impartiality
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: Article 6 of the ECHR.
TRIIAL CASE
Portugal, Supreme Court of Justice, 07P1521, Supreme, 17.04.2008
Deciding court: Supreme Court of Justice
Topic: Freedom of expression
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
TRIIAL CASE

L.P. and Carvalho v. Portugal (applications nos. 24845/13 and 49103/15), European Court of Human Rights, 8 October 2019.

Deciding court: L.P.: High Judiciary Council (Conselho Superior de Magistratura), 20 May 2008 Lisbon Court, 24 January 2012 Lisbon Court of Appeal, 4 December 2012 Supreme Court of Justice, 4 June 2013 Carvalho:  Felgueiras Court, proc. n.º  21/06.0GAFLG Oporto’s Court, proc. n.º  6/09.4TRGMR Felgueiras Court, proc. n.º 589/11.9TVPRT
Topic: Freedom of expression, freedom of the media, criminalisation of insult and defamation
National Follow Up Of (when relevant):
ECtHR jurisprudence: ECtHR found there was a violation of freedom of expression in all the below-mentioned cases against Portugal: Lopes Gomes da  Silva c.  Portugal,  28 September 2000 Colaço Mestre and SIC – Sociedade Independente de Comunicação, S.A. v. Portugal, 26 April 2007 Campos Dâmaso v. Portugal and Laranjeira Marques da Silva v. Portugal, 24 April 2008 and 19 January 2010. Público – Comunicação Social, S.A. and Others v. Portugal, of 7 December 2010 Conceição Letria v. Portugal, 12 of April 2011 Pinto Coelho v. Portugal, 22 March of 2016 Antunes Emídio v. Portugal and Soares Gomes da Cruz v. Portugal, 24 September 2019 Pais Pires de Lima v. Portugal, 12 February 2019 Pais Pires de Lima v. Portugal, as in L.P. and Carvalho v. Portugal concerned a complaint following a civil judgement ordering a lawyer to pay damages to a judge whose personal and professional honour and reputation he had attacked.  Apart from Antunes Emídio v. Portugal and Soares Gomes da Cruz v. Portugal - that concerns both a journalist and a doctor - all the other cases mentioned above followed national civil and/or criminal judgements against journalists. The ECtHR has not explicitly excluded the possibility of maintaining criminal defamation laws. However, it has criticised the usage of such laws on numerous occasions. The ECtHR has suggested that the imposition of a criminal sanction alone may be sufficient for the finding of a disproportionate remedy and, therefore, a violation of Article 10 of the ECHR. Jurisprudence cited explicitly by the ECtHR in L.P. and Carvalho v. Portugal on the need for interference "in a democratic society":  Handyside v. The United Kingdom, 7 December 1976 (Series A no.24), and which it recalled in Morice v. France ([GC], no.29369 / 10, §§ 124 to 127, ECHR 2015). For the principles relating to the freedom of expression of lawyers, Morice judgment, (cited above, §§ 132 to 139) and to the Gouveia Gomes Fernandes and Freitas e Costa v. Portugal (no.1529 / 08, § 46, 29 March 2011). Finally, given that, in the present cases, the measures in question were aimed at the protection of "the reputation and the rights of others", the ECtHR refers to the principles governing the balance between the freedom of expression guaranteed by the Article 10 of the Convention and, on the other hand, the right to respect for private life enshrined in Article 8, which it recently recalled in the Medžlis Islamske Zajednice Brčko and others v. Bosnia and Herzegovina ([GC], no 17224/11, § 77, 27 June 2017); On the alleged damage to the alleged reputation of the judge in L.P  Since these accusations were transmitted only to the High Judiciary Council - and therefore not made public-, these would be either way very limited, mutatis mutandis:  Bezymyannyy v. Russia, no 10941 / 03, § 42, April 8, 2010); On the severity of the sanctions applied Likely to produce a dissuasive effect for the legal profession as a whole, in particular when it comes to lawyers defending the interests of their clients (see, mutatis mutandis, Gouveia Gomes Fernandes and Freitas e Costa, cited above, § 54, and Erdener v. Turkey, no 23497/05, § 39, 2 February 2016).
TRIIAL CASE
Portugal, Lisbon Court of Appeal, 07th March 2024
Deciding court: Lisbon Court of Appeal
Topic: Judicial Dialogue and Freedom of Expression of Lawyers
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: Dickson v. the United Kingdom, No. 44362/04, of 4/12/2007Codarcea v. Romania, No. 31675/04, of 2/06/2009Von Hannover v. Germany (no. 2) (GC), Nos. 40660/08 e 60641/08, of 7/12/2012Axel Springer AG v. Germany, No. 39954/08, of 7/02/2012Couderc and Hachette Filipacchi Associés v. France (GC), No. 40454/07, of 10/11/2015Perinçek v. Switzerland (GC), No. 27510/08, of 15/10/2015.
TRIIAL CASE
Portugal, Guimarães Court of Appeal, 16th September 2019
Deciding court: Guimarães Court of Appeal
Topic: Judicial Dialogue and Freedom of Expression of Lawyers
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
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