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Refusal to issue a passport on account of an unpaid bank debt (ECHR)

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In Chamber judgment (8.12.2020) in the case of Victor Rotaru v. the Republic of Moldova (application no. 26764/12) the European Court of Human Rights held, unanimously, that there had been a violation of Article 2 of Protocol No. 4 (freedom of movement) to the European Convention on Human Rights.  The case concerned the domestic authorities’ refusal over several years to issue the applicant with a passport, on the grounds that he had failed to repay a debt owed to a bank. The Court noted that the civil-registration authority had refused to issue the applicant with a passport after finding that the sole condition imposed by law had been met, namely the nonrepayment of a debt. The duration of the ban on obtaining a passport had not been specified and it did not appear that the proportionality of the measure had been reviewed at any stage. The domestic legislation, as applied in the present case, had not provided the applicant with sufficient procedural guarantees to prevent the risk ...
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ECtHR Judgement against Greece: Disclosure of the identities and medical data of prostitutes diagnosed with HIV was a breach of their right to private life

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The case of O.G. and Others v. Greece (applications nos. 71555/12 and 48256/13) concerned the publication, by decision of the domestic authorities, of medical data concerning prostitutes who had been diagnosed as HIV-positive, and media coverage of them. It also concerned the circumstances in which they were required to undergo a blood test.  In Chamber 's judgment(23.1.2024) in this case the European Court of Human Rights held, unanimously, that there had been two violations:  -A violation of Article 8 (right to respect for private life) of the European Convention on Human Rights, with regard to two applicants, on account of the blood tests they had been required to undertake.  The Court considered that the blood samples imposed on two applicants had amounted to an interference with their private life and noted that this had not been in accordance with the law within the meaning of Article 8 of the Convention, given that the provisions of domestic law in issue ought to h...
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Status of long-term resident in Cyprus: Appeal against the rejection decision

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By Giorgos Kazoleas, Lawyer in Cyprus Third-country nationals residing in areas controlled by the Government of the Republic legally and continuously for the last five years prior to the submission of the application and holding a valid residence permit in the Republic can apply along with the required original documents in order to obtain the status of long-term resident in Cyprus. It often happens that the Administration (in this case the Immigration Department) does not properly assess the facts and circumstances of the applicant and does not properly check the requirement for obtaining the status, resulting in a rejection decision. This decision is notified to the applicant and must contain clear justification for the reasons for the rejection of the application. It must also state that the applicant has the right to appeal against the rejection decision within 75 days from the notification of the decision. According to the Aliens and Immigration Law, [1]   in order to...
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Access to documents: the Commission decision refusing a journalist of The New York Times access to the text messages exchanged between President von der Leyen and the CEO of Pfizer is annulled (CJEU)

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In its Judgment dated 14/5/2025 in Case T-36/23 (Stevi and The New York Times v Commission), the General Court ruled that the Commission decision refusing a journalist of The New York Times access to the text messages exchanged between President von der Leyen and the CEO of Pfizer is annulled. By an application based on the Access to Documents Regulation, [1], Matina Stevi, a journalist working for the daily newspaper The New York Times, requested the European Commission to provide access to all text messages exchanged between President Ursula von der Leyen and Albert Bourla, the chief executive officer of Pfizer, between 1 January 2021 and 11 May 2022.  The Commission rejected that application on the ground that it did not hold the documents covered by it. Ms Stevi and The New York Times requested the General Court of the European Union to annul the Commission’s decision.  In its judgment, the General Court upholds the action and annuls the Commission’s decision. The Court re...
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The Concept of "Habitual Residence" as a Jurisdictional Basis in International Parental Responsibility Disputes: The Cypriot Approach

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Written By Giorgos Kazoleas, Lawyer at Legal Experts Cyprus In modern private international law, determining the Forum Conveniens (the appropriate court) for resolving parental responsibility disputes is a critical issue for ensuring the best interests of the child. Within the Cypriot legal order, the jurisdiction of Family Courts in cases involving international elements—such as those involving third-country nationals—is primarily established through the concept of "habitual residence." 1. The Legal Framework: The 1996 Hague Convention and National Law The establishment of jurisdiction for Cypriot Courts arises from the combined application of international and national rules: 1996 Hague Convention [1] : According to Article 5, the judicial or administrative authorities of the Contracting State of the child’s habitual residence have jurisdiction to take measures directed at the protection of the child’s person or property. The Family Courts Law (Law 23/1990) : Arti...
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Removal of a mother’s parental authority and adoption of her eldest son by foster parents: Violation of the right to respect for private and family life (ECHR)

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In Εuropean Court of Human Rights Grand Chamber judgment in the case of Strand Lobben and Others v. Norway (application no. 37283/13) the ECHR held, by 13 votes to four, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights in respect of both applicants, a mother and her son. The case concerned the domestic authorities’ decision to remove a mother’s parental authority and let foster parents adopt her son. The Court found in particular that the main reason for the authorities’ actions had been the mother’s inability to care properly for her son, in particular in view of his special needs as a vulnerable child. However, that reasoning had been based on limited evidence as the contact sessions between mother and son after his placement in foster care had been few and far between and the psychologists’ reports out-dated. In addition, a review of his vulnerability had contained barely any analysis and no e...
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European Commission refers Poland to the Court of Justice to protect judges from political control

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European Commission decided to refer Poland to the Court of Justice of the EU regarding the new disciplinary regime for Polish judges, requesting an expedited procedure. On 3 April 2019, the Commission launched this infringement procedure on the grounds that the new disciplinary regime undermines the judicial independence of Polish judges and does not ensure the necessary guarantees to protect judges from political control, as required by the Court of Justice of the EU. Specifically, the Polish law allows ordinary court judges to be subjected to disciplinary investigations, procedures and sanctions on the basis of the content of their judicial decisions, including the exercise of their right under Article 267 of the Treaty on the Functioning of the European Union (TFEU) to request preliminary rulings from the Court of Justice of the EU. Moreover, the new disciplinary regime does not guarantee the independence and impartiality of the Disciplinary Chamber of the Supreme Co...
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