International Case Law

10 February 2021 image

Guðmundur Andri Ástráðsson v. Iceland: Breach of Domestic Law on Judicial Appointments Violated the Right to a Fair Trial

The case of Guðmundur Andri Ástráðsson v. Icelanddecided on 1 December 2020, provided the Grand Chamber of the European Court of Human Rights (ECtHR or the Court) with an opportunity to refine the concept of a “tribunal established by law”. This case addresses the issue of judicial appointments and the way the irregularities in this process can lead to a violation of the right to a fair trial.

 

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Precedential Ruling of ECHR: Access to Information Published Online V. the Right to be Forgotten

On June 28th, 2018 European Court of Human Rights ruled on the case of M.L. and W.W. v. Germany and set the balance between the right to respect one’s private and family life protected by article 8 of the European Convention on Human Rights and freedom of expression protected by article 10 of the Convention.

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The General Court of the European Union rules in favour of greater openness of the EU legislative process

Madrid, 23 March 2018 – Access Info has welcomed the 22 March 2018 judgment of the General Court of the European Union in the case of De Capitani v Parliament, a ruling in favour of legislative transparency.

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The Global Principles on Protection of Freedom of Expression and Privacy

This document is part of ARTICLE 19’s International Standards Series, an ongoing effort to elaborate in greater detail the implications of protecting and promoting the right to freedom of expression in different thematic areas. These Principles are the result of a process of study, analysis, and drawing on the extensive experience and work of ARTICLE 19’s regional offices and partner organisations in many countries around the world.
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ECHR's Precedential Decision: Freedom of Information v. Personal Data Protection

The judgement highlighted that the court well internalizes that member states are granted margin of appreciation when balancing the interests of personal data protection and freedom of information. Nevertheless, when the case concerns information of high public interest the court is of the opinion that the member states should take into consideration the importance of public scrutiny and make such information available for the wider public.

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Disciplinary Liability in Civil Service

A civil servant is accountable to the state and the society in the process of activities carries out in civil service. Accordingly, not carrying out the duties prescribed by law or carrying out unduly might become the cause of disciplinary action against him. The purpose of the article is the comparative-legal analysis of the regulation of disciplinary liability of civil servants based on Georgian legislation and international practice. The article discusses the regulatory norms ass

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OVESSG v. Austria - Obligation of Public Institutions to Process Public Information

Decision of the Tyrol Real Property Transactions Commission to refuse information request of an NGO constitutes interference within right to receive and impart information. The complete refusal and commissions choice to hold a monopoly on information, made it impossible for the applicant to carry out its task and is thus not justified as being “necessary in a democratic society” (para. 47).

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Kenedi v Hungary - Access to Historical Archives

In the case of Kenedi v Hungary (26 August 2009), the ECtHR found the violation of Article 10 of the Convention.

18 February 2013 image

Tarsasag a Szabadsagjogokert v Hungary - Access to Information of High Public Interest

In the case of Tarsasag a Szabadsagjogokert v Hungary, Decision of the 14 April 2009, the ECtHR ruled that there was the violation of Article 10 of the Convention.

 

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Timpul Info-Magazine and Anghel v Moldova - Social Watchdog Functions of Media

In the case od Timpul Info-Magazine and Anghel v Moldova, Decision of the ECHR, 27 January 2007, the ECtHR found the violation of Article 10 of the Convention.

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