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www.codex-online.com is a legal information site functioning as a community tool for publishing, consulting and commenting legal documents. The website offers:
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  • "HUMAN RIGHTS ARE A SHARED RESPONSIBILITY" SAYS EUROPEAN COURT PRESIDENT
  • Speaking at the Court’s annual press conference in the Human Rights Building, Strasbourg, the Court’s President Sir Nicolas Bratza said that the European governments must assume their part of the shared responsibility for the protection of human rights across the continent.
    The Court issued its annual table of violations by country for 2011 at today’s press conference and its annual .
    The table of violations reveals that Turkey had the highest number of judgments finding at leastne violation of the Convention recorded against it (159), followed by Russia (121), Ukraine (10
    Published in 26-01-2012 by cmiskp.echr.coe
  • EUROPEAN COURT OF HUMAN RIGHTS ANNUAL PRESS CONFERENCE
  • [ The European Court of Human Rights will be holding its annual press conference at 2.30 p.m. on Thursday, 26 January 2012 in the seminar room in the Human Rights Building in Strasbourg.
    Published in 16-01-2012 by cmiskp.echr.coe
  • EUROPEAN COURT REGISTRAR CALLS FOR SPECIAL MEASURES TO DEAL WITH INFLUX OF HUNGARIAN PENSION CASES
  • Erik Fribergh, Registrar of the European Court of Human Rights, has issued the following statement.

    "Since mid-December 2011, the Court has received almost 8,000 individual applications against Hungary relating to the pension rights of former law enforcement officers who benefited from early retirement. These cases raise essentially identical issues, primarily the replacement – by virtue of Law No. 167 of 2011 on the Termination of Old-Age Pension before Retirement Age, on Beefit Prior to Retirement Age and on Service Allowance – of the applicants’ retirement pensions,
    Published in 11-01-2012 by cmiskp.echr.coe
  • THE COURT WAIVE THE IMMUNITY OF JUDGE CORNELIU BÎRSAN
  • Meeting on 21 and 23 November 2011, the plenary Court – on the basis of the relevant international instruments and the information supplied by the Romanian Government, and after noting that the privileges and immunities enjoyed by the Court’s judges under the General Agreement on Privileges and Immunities of the Council of Europe and the Sixth Protocol thereto were applicable both to Judge Corneliu Bîrsan and to his wife – decided to allow the request to waive immunity in respect of Mrs Brsan, to the extent strictly necessary for the conduct of the investigation
    Published in 30-11-2011 by cmiskp.echr.coe
  • THE COURT OF JUSTICE OF THE EUROPEAN UNION LAUNCHES ‘E-CURIA’ AN APPLICATION ALLOWING PROCEDURAL DOCUMENTS TO BE LODGED AND ACCEPTED BY EXCLUSIVELY ELECTRONIC MEANS
  • [The Court of Justice of the European Union launches ‘e-Curia’ an application allowing procedural documents to be lodged and accepted by exclusively electronic means
    Published in 23-11-2011 by curia.europa.eu


     


  • THE RENEWAL OF FIXED-TERM EMPLOYMENT CONTRACTS MAY BE JUSTIFIED BY REPLACEMENT NEEDS, EVEN WHERE THAT NEED IS RECURRING OR EVEN PERMANENT
  • The Court of Justice of the European Union has notified in writing its Chamber judgment in the case of C-586/10 Bianca Kücük. The Court considers that the renewal of fixed-term employment contracts may be justified by replacement needs, even where that need is recurring or even permanent .
    However, the non-abusive use of those successive fixed-term contracts may, where necessary, be verified, taking into account their number and cumulative duration.

    Published in 26-01-2012 by curia.europa.eu
  • THE SIGN "VIAGUARA" CANNOT BE REGISTERED AS A COMMUNITY TRADE MARK FOR DRINKS
  • The Court of Justice of the European Union has notified in writing its Chamber judgment in the case of Viaguara S.A. v OHIM the Court of Justice of the European Union considers that the sign "VIAGUARA" cannot be registered as a Community trade mark for drinks.
    Use of that sign is likely to take unfair advantage of the distinctive character or repute of the trade mark VIAGRA.

    Published in 25-01-2012 by curia.europa.eu
  • GRAND CHAMBER HEARING IN RESPECT OF THE REPUBLIC OF MOLDOVA AND THE RUSSIAN FEDERATION
  • The European Court of Human Rights is holding a Grand Chamber1 hearing Wednesday 25 January 2012 in the case of Catan and 27 Others v. Republic of Moldova and Russia (Application nos. 43370/04, 8252/05 and 18454/06).
    The case concerns complaints about the prohibition to use Latin script in schools in the selfproclaimed unrecognised entity known as “Moldovan Republic of Transdnistria”. [

    After the hearing the Court began its deliberations, which will be hel in private
    Published in 25-01-2012 by cmiskp.echr.coe
  • THE WORKING TIME DIRECTIVE PRECLUDES NATIONAL RULES WHICH MAKE ENTITLEMENT TO PAID ANNUAL LEAVE CONDITIONAL ON A MINIMUM PERIOD OF 10 DAYS’ ACTUAL WORK
  • The Court of Justice of the European Union has notified in writing its Chamber judgment in the case of Maribel Dominguez v Centre informatique du Centre Ouest Atlantique, Préfet de région Centre. The Court considers that the . Working Time Directive precludes national rules which make entitlement to paid annual leave conditional on a minimum period of 10 days’ actual work .
    That entitlement cannot be affected where the employee is on sick leave which has been dly granted, as a result of sickness or an accident at his place of work or elsewhere
    Published in 24-01-2012 by europarl.europa.eu
  • BULGARIAN AUTHORITIES’ INVESTIGATION OF RAPE OF 13-YEAR OLD GIRL WAS TOO SLOW
  • In its Chamber judgment in the case P.M. v. Bulgaria , which is not final, the European Court of Human Rights held, unanimously, a violation of the authorities’ obligation under Article 3 (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights to investigate cases of sexual abuse.
    ]The case concerned the applicant’s complaint that, raped at the age of 13, the authorities took more than 15 years to complete the ensuing invetigation and she had no remedies against their reluctance to prosecute her aggressors
    Published in 24-01-2012 by cmiskp.echr.coe
  • PRISONER BEATEN BY POLICE AND PRISON GUARDS CONVICTED ON THE STRENGTH OF EVIDENCE OBTAINED UNDER DURESS
  • [In its Chamber judgment in the case Iordan Petrov v. Bulgaria , which is not final, the European Court of Human Rights held, unanimously:
    -a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights in respect of ill-treatment by the police and prison guards, the lack of effective investigation into those events and the conditions of detention at Varna Prison,
    -a no violation of Article 3 i respect of the alleged lack of medical care,
    -a violation of Article 6 § 1 (right t
    Published in 24-01-2012 by cmiskp.echr.coe
  • EUROPEAN COURT THROWS OUT CASES CONCERNING GM CROP PROTESTS FOR FAILURE TO RESPECT DUTY OF CONFIDENTIALITY IN FRIENDLY SETTLEMENT NEGOTIATIONS
  • [In its decisions in the cases of Mandil v. France , Barreau and Others v. France and Deceuninck v. France the European Court of Human Rights has unanimously declared the applications inadmissible. The decisions are final.
    These cases concerned breach of a duty of confidentiality in negotiations on a friendly settlement between the French State and members of the organisation [“Les faucheurs volontaires” who had lodged a complaint agaist France with the European Court of Human Rights
    Published in 20-01-2012 by cmiskp.echr.coe
  • EUROPEAN COURT THROWS OUT CASES CONCERNING GM CROP PROTESTS FOR FAILURE TO RESPECT DUTY OF CONFIDENTIALITY IN FRIENDLY SETTLEMENT NEGOTIATIONS
  • [In its Chamber judgment in the case Popov v. France , which is not final, the European Court of Human Rights held:
    - unanimously, a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights in respect of the administrative detention of the children,
    - by a majority, a no violation of Article 3 of the Convention in respect of the administrative detention of the parents,
    - unanimously, violation of Article 5 §§ 1 and 4 (right to liberty and security) in respect of the admi
    Published in 19-01-2012 by cmiskp.echr.coe

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