TRIIAL CASE
Romania, Decision nr. 9P/13.09.2023 of the Section for prosecutors in disciplinary matters in Case file nr. 9/P/2022, definitive by Court Decision nr. 54/ 18.03.2024 of ICCJ (Romanian High Court of Cassation and Justice) in case file nr. 2748/1/2023
Deciding court: Romanian High Court of Casation and Justice
Topic: impartiality, freedom of expression
National Follow Up Of (when relevant): NOT RELEVANT
ECtHR jurisprudence: N/A
TRIIAL CASE
Romania, Decision nr. 10P/13.09.2023 of the Section for prosecutors in disciplinary matters in Case file nr. 6/P/2022, definitive by Court Decision nr. 74/ 18.03.2024 of ICCJ (Romanian High Court of Cassation and Justice) in case file nr. 2817/1/2023
Deciding court: Romanian High Court of Casation and Justice
Topic: impartiality, freedom of expression
National Follow Up Of (when relevant): NOT RELEVANT
ECtHR jurisprudence: The European Convention of Human RightsCase Eminagaoglu vs. Turkey, ECHR, Application no. 76521/12, Final decision of 05/07/2021.
TRIIAL CASE
Czech Republic, Ústavní soud (Constitutional Court), Pl. ÚS 39/08, constitutional, 6. 10. 2010
Deciding court: Constitutional Court
Topic: independence, impartiality
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence:
TRIIAL CASE
Czech Republic, Krajský soud v Brně (Regional Court in Brno), 31 A 68/2018-177, ordinary, 7. 11. 2018
Deciding court: Regional Court in Brno
Topic: independence, accountability, impartiality
National Follow Up Of (when relevant): No
ECtHR jurisprudence: ECtHR, A.H. v the United Kingdom, app. no. 3868/68
TRIIAL CASE
Italy, Superior Council of the Judiciary, n. 52, disciplinary instance, 18 March 2018
Deciding court: Superior Council of the Judiciary
Topic: Independence, accountability, impartiality (relationship between lawyers and judges, use of social media by judges, relations with the media)
National Follow Up Of (when relevant): Not a direct follow up
ECtHR jurisprudence: N/A
TRIIAL CASE
Poland, Naczelny Sąd Administracyjny (Supreme Administrative Court), case number II OSK 382/20, appellate instance, 11 January 2022
Deciding court: Supreme Administrative Court in Poland
Topic: mutual trust and impartiality
National Follow Up Of (when relevant): This national case is not a direct follow-up of a CJEU or ECtHR decision.
ECtHR jurisprudence: In the case under consideration, ECtHR jurisprudence was referred to indirectly by invoking the protection of fundamental rights, particularly through:Article 3 of the European Convention on Human Rights (ECHR), which prohibits inhuman or degrading treatment. This was referenced in relation to the risk of mistreatment upon the transfer of the applicant under the Dublin III Regulation.Article 8 of the ECHR was indirectly invoked concerning the right to respect for family life, which is relevant in assessing whether the transfer under the Dublin III Regulation could lead to a violation of family unity, given the applicant's marriage to a Polish national.In particular, the B.S. v. Spain and Tarakhel v. Switzerland cases are often cited in similar situations concerning the risk of human rights violations in the context of the Dublin transfers. However, the decision did not explicitly mention these cases, focusing more on the CJEU case law.
TRIIAL CASE
Spain, Provincial Court of Girona, Judgment number 278/2020, 25 of June of 2020
Deciding court: Provincial Court of Girona
Topic: accountability, impartiality
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
TRIIAL CASE
Romania, The High Court of Cassation and Justice, case no. 2833/1/2023, supreme instance, Civil decision no. 52 of 11 March 2024
Deciding court: The High Court of Cassation and Justice
Topic: impartiality, freedom of expression
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: Article 10 of the European Convention on Human Rights; Article 8 of the European Convention on Human Rights
TRIIAL CASE
Hungary, Kúria (Supreme Court of Hungary), Pfv.IV.21.019/2022/4., supreme, 8 March 2023
Deciding court: Supreme Court
Topic: rule of law, independence, impartiality, accountability
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
TRIIAL CASE
Hungary, Budapest Administrative and Labour Court, 70.M.1051/2018/36, ordinary, 10 May 2019
Deciding court: Budapest Administrative and Labour Court
Topic: independence, accountability, impartiality, freedom of expression
National Follow Up Of (when relevant): No
ECtHR jurisprudence: No
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