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 26 juni 2014
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.
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