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‘Abduction of Europa’ (Rembrandt Harmensz. van Rijn, Amsterdam - 1632 - fragment)

donderdag 26 juni 2014

This week in Strasbourg - A roundup of the European Court of Human Rights' case law - 2014 weeks 25 and 26




RETROACTIVITY OF THE LAW In the case of Azienda Agricola Silverfunghi S.A.S. and Others v. Italy  the European Court of Human Rights held, unanimously, that the Retroactive application of law on companies’ social security payments was unfair but did not violate their property rights (violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights; and no violation of Article 1 of Protocol No. 1 (protection of property)). The case concerned proceedings before the Italian courts brought by a number of Italian agricultural companies based on their possible entitlement to a two-fold reduction of social security contributions. Pending these proceedings the Italian legislator passed a new retrospective law which determined that their benefits would be calculated alternatively, and not cumulatively. The Court found that in the circumstances of the case there had been no compelling general interest reason capable of outweighing the dangers of retrospective legislation. At the same time, the Court held that the Italian courts’ decisions had not violated the companies’ property rights, as the  decisions had not imposed an excessive financial burden on them.

donderdag 12 juni 2014

This week in Strasbourg - A roundup of the European Court of Human Rights' case law - 2014 weeks 23/24



Children and family life play an important role in the Court´s case law of weeks 23 and 24.
   
ADOPTION - In the case of I.S. v. Germany the Court found that German courts were right not to accept the claim by a mother to have contact with and information about the children she had given up for adoption (no violation of Article 8 ECHR - right to respect for private and family life). The case concerned a woman’s complaint of not being able to have regular contact and receive information about her biological children who had been adopted by another couple. The Court considered that by consenting to the adoption, Ms S. had knowingly given up all rights as regards her biological children. The arrangements concerning her right to regularly receive information about them had been based on a mere declaration of intent by the adoptive parents. The German courts’ decision to favour the children’s interest in developing in their adoptive family without disruption over the mother’s right to respect for her private life had therefore been proportionate.

woensdag 4 juni 2014

Nieuwsbrief Rechtspraak Europa no. 6 - juni 2014 (European Courts' newsletter in Dutch)



Klik hier voor de nieuwsbrief Rechtspraak Europa verzorgd door het gerechtshof Amsterdam met een overzicht van de rechtspraak van de afgelopen maand van het Europese Hof voor de Rechten van de Mens in Straatsburg en het Hof van justitie van de Europese Unie in Luxemburg.