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In ECtHR Chamber judgment in the case of M.P. v. Portugal (application no. 27516/14) the European Court of Human Rights held, unanimously, that there had been no violation of Article 8 (right to respect for private life and for correspondence) of the European Convention on Human Rights.  The case concerned an applicant who complained about the fact that her former husband had not been punished in criminal proceedings by the Portuguese courts for having accessed emails that she had exchanged on a casual dating site and for submitting them in evidence in civil proceedings for shared parental responsibility and divorce proceedings, initiated by him before the Portuguese courts.  It had ultimately been the Spanish courts, to which the applicant had applied first (and not the Portuguese courts, to which her husband had subsequently applied), which ruled on the divorce and granted residence rights to the mother, with access rights for the husband.  The Court found, among other ...

The European Investment Bank (EIB), the European Union's bank, is seeking to recruit for its Legal Directorate (JU) – Legal Department, Corporate (CORP) – Institutional, Corporate and Litigation Division (ICL) at its headquarters in Luxembourg, a (Associate) Institutional Lawyer - Specialised in European Union Law. This is a full time position at grade 4/5. The term of this contract will be 4 years. Panel interviews are anticipated for 2nd half of November The EIB offers fixed-term contracts of up to a maximum of 6 years, according to business needs, with a possibility to convert to a permanent contract, subject to organisational requirements and individual performance. Purpose As an (Associate) Institutional Lawyer, internally referred to as (Associate) Officer Legal Services, you will contribute to the work of the ICL division by advising on legal questions in the areas of Institutional and European Union law, drafting relevant legal instruments and/or other d...

By Effie Giannakouri, Attorney-at-law, MBA The lawyer, the politician, the teacher, the businessman, the scientist, the mother; we all, to varying degrees, need to communicate and inspire others with our words. We all know that speaking in front of others, arguing constructively and effectively, and expressing a point of view in a simple discussion are critical modern skills. The sheer breadth and momentum of technological development in the last Demi century, the unpredicted and unprecedented Covid19 pandemic crisis, have revolutionised how we communicate, but while our messages can be heard faster and by a  larger audience the quality of that message has deteriorated. With technological advancement comes passivity and reliance. With a move from letter writing, reading and note taking comes a loss of institutional memory on the value of those skills. The preservation and investment of speech and oral communication is a priority  in maintaining and advancing human developm...

In May 2021, the Council of Bars and Law Societies of Europe (CCBE) Criminal Law Committee met Marco Stefan, one of the authors of the Report on “Criminal Justice, Fundamental Rights, and the Rule of law in the Digital Age”, who presented the report with respect to the Rights of the Defence.  The CCBE was delighted to have the possibility to contribute to the report, which focused on addressing questions related to:  • The deployment of remote justice technologies, in particular the use of videoconferencing and remote legal assistance and interviews in judicial proceedings.  • Ongoing initiatives promoting the use of technologies in EU and national justice systems, with a special focus on the digitalisation of judicial files and electronic exchange of procedural documents, as well as the introduction of new procedures for the collection and exchange of data in cross-border judicial proceedings, and the creation of new tools promoting the interoperability of platforms...

In its Judgment dated 2.9.2021 in Case C-932/19 (OTP Jelzálogbank and Others) the European Court of Justice ruled that Hungarian legislation which prohibits the annulment of a loan agreement denominated in a foreign currency on the ground that it contains an unfair term relating to the exchange difference appears to be compatible with EU law.   This is the case if that legislation makes it possible to re-establish the legal and factual situation which would have existed for the consumer in the absence of the unfair term, even if the annulment of the agreement would be more advantageous for the consumer. In 2007, a consumer concluded loan agreements denominated in a foreign currency with Hungarian banks belonging to the OTP Group. In the context of disputes relating to those agreements, the consumer claimed that the agreements were void, pleading the unfairness of the terms stipulating that the exchange rate applicable at the time of the release of the loaned funds, which correspond...

The latest  case-by-case decisions  on the implementation of judgments and decisions from the European Court of Human Rights have been published by the Council of Europe’s Committee of Ministers. The Committee adopted 44 decisions concerning 20 member states during the meeting, including three Interim Resolutions [1] on the  S.C. Polyinvest S.R.L. and Others v. Romania  case, the  Cyprus v. Turkey  case and the  Batı and Others v. Turkey  group of cases. 67 Final Resolutions [2] were adopted by the Committee in respect of 246 judgments and decisions from the European court, concerning 21 different states. An  indicative list of cases  to be examined during the Committee’s next full meeting on the execution of judgments, which will take place from 30 November to 2 December 2021, was also adopted. Under Article 46 of the human rights convention, judgments from the European Court of Human Rights are binding on the states concer...

Article by Panayiotis Antoniades* Introduction: The thrill of NFTs NFTs (Non-fungible tokens) have recently burst into an astonishing online hype. The marketplace of these assets encompasses eager capital holders that are willing to spend great amounts for the purchase of assets, yet in a profoundly unorthodox way. NFTs have revolutionized the way assets are perceived, transformed the media and collectible art industries, and justifiably caused a lot of doubtful conversations regarding their future. From the notorious JPG file of Beeple’s collage, Everydays: The First 5000 Days, sold for $69 million, to Twitter’s co-founder and CEO Jack Dorsey’s first-ever tweet "just setting up my twttr" that auctioned for a charitable cause for $2.9 million. NFT and Blockchain Technology NFTs are digital certifications of ownership of a unique digital asset. The code of the NFT is encrypted on a blockchain, a shared database, which records transactions on a digital decentralized led...

Ιn Chamber's judgment in the case of Melike v. Turkey (application no. 35786/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights.  The case concerned the dismissal of Ms Melike, a contractual employee at the Ministry of National Education, for having clicked “Like” on various Facebook articles (posted on the social networking site by a third party).  The authorities considered that the posts in question were likely to disturb the peace and tranquillity of the workplace, on the grounds that they alleged that teachers had committed rapes, contained accusations against political leaders and related to political parties.  The Court noted that the content in question consisted of virulent political criticism of allegedly repressive practices by the authorities, calls and encouragement to demonstrate in protest against those practices, expressions of indignatio...

International Atomic Energy Agency (Vienna, Austria) seeks to recruit a Legal Officer (IAEA Legislative Assistance Programme). The Office of Legal Affairs, which reports directly to the Director General, provides legal services of the highest possible standards to the Director General, the Secretariat and to the organs and bodies of the IAEA, as well as to Member States, regarding the implementation of the IAEA's activities. The Nuclear and Treaty Law Section provides legal advice and support to the Office of the Director General and the Secretariat in the areas of nuclear safety and security (including civil liability for nuclear damage), nuclear energy, nuclear applications and technical cooperation. It is also responsible for the IAEA's depositary function as well as the IAEA's legislative assistance programme, providing advice and training regarding legislative frameworks governing the safe and peaceful uses of nuclear energy to Member States. Under the guidance of...

Presumption of innocence is a core right in criminal justice. Yet, prejudice, bias and practices like presenting defendants in handcuffs undermine this right in many European countries, finds the latest report of the EU Agency for Fundamental Rights (FRA). FRA calls on EU countries to respect the rights of all defendants, regardless of their background. “All defendants have the right to be presumed innocent until an independent court finds them guilty. But our in-built biases, and what we see or read, can affect our perception of guilt,” says FRA Director Michael O’Flaherty. “EU countries need effective measures to safeguard the rights of all defendants to a fair trial and equal access to justice.” FRA’s report ‘Presumption of innocence and related rights – Professional perspectives’ looks at how EU countries in practice apply the rights to be presumed innocent, to remain silent and to be present at trial. FRA identifies problems in safeguarding these rights...

On the occasion of the 75th anniversary of the International Court of Justice, a virtual tour of the Peace Palace in The Hague, the seat of the Court, is now available here .  The President of the Court, H.E. Judge Joan E. Donoghue, delivered a video message to commemorate the 75th anniversary of the Court. Watch it here The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America). The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. The Court is composed of 15 jud...

ECJ - Judgment in Case C-505/19 WS v Bundesrepublik Deutschland (12.5.2021): The principle prohibiting the duplication of proceedings can preclude the arrest, within the Schengen Area and the European Union, of a person who is the subject of an Interpol notice. This is the case where the competent authorities are aware of a final judicial decision, taken in a State that is a party to the Schengen Agreement or a Member State, which establishes that that principle applies. In 2012, the International Criminal Police Organisation (Interpol) published, at the request of the United States and on the basis of an arrest warrant issued by the authorities of that country, a red notice in respect of WS, a German national, with a view to his potential extradition. Where a person who is the subject of such a notice is located in a State affiliated to Interpol, that State must, in principle, provisionally arrest that person or monitor or restrict his or her movements. However, even before that ...

By Giorgos Kazoleas, Lawyer The positive impact of the application of the principle of effectiveness reflects a significant recent ruling by the European Court of Justice. The decision concerns immigration law and in particular the right of the asylum seeker to appeal against the decision rejecting his application. The ECJ considers that the applicant may rely on circumstances subsequent to the rejection in his appeal and that the national court should take them into account. According to the Judgment [1]  , it is for each Member State to lay down procedural rules for legal actions that would safeguard that effective judicial protection. The Court recalls that the Dublin III Regulation 4 provides that a person who is the subject of a transfer decision is to have the right to an effective remedy against that decision and that that remedy must cover, inter alia, the examination of the application of that regulation. According to article 27 of the Regulation  (EU) No...

The rapporteur of the Parliamentary Assembly of the Council of Europe (PACE) for follow-up to  Resolution 2362 (2021)  on "Restrictions on NGO activities in Council of Europe member States", Alexandra Louis (France, ALDE), has expressed concern over two new draft laws aimed at widening the scope of application of the Russian law of 23 May 2015 on "undesirable organisations". "The application of the law on ‘undesirable organisations’, criticised by the Venice Commission and the Assembly, has already led to the closure of some 30 international NGOs in the Russian Federation. It is all the more worrying that two new draft laws have recently been tabled in the State Duma to widen the scope of its application. If adopted, the implementation of new provisions of the law would further shrink the space for civil society in Russia. These new draft laws run counter to the recommendation made by the Assembly last January in its Resolution 2362 (2021), urging Council o...

By Christina Poursanidou, Lawyer Following the financial crisis of 2009, most of the European countries in order to boost their weakened economies, have introduced policies, which allow foreign investors to make large and passive investments, in exchange of an easy (almost immediate) route to citizenship or residence of the investors. Such schemes are definitely not a new trend, since even from the 1980s UK and USA offered residence in exchange for sizable investments. Usually these policies are defined as Citizenship by Investment (CBI) or  Residency by Investment (RBI), “Golden Visas” or “Golden passports”. Undoubtedly,  such policies have a positive impact on the introducing country, but simultaneously could carry significant risk of economic crime. At that point, let’s discuss the intentions of the parties. On the one hand, the country introducing a golden passport policy aims at its economic growth. Basically, the country offers a passport in order to receive a ...

Protocol No. 15 to the European Convention on Human Rights brings significant amendments in Convention’s provisions. The ratification shall trigger into force of the Protocol as such, in respect of all the Council of Europe member States on 1 August 2021. This protocol brings some changes to the European Convention on Human Right’s provisions regarding the functioning of the European Court of Human Rights : Adding a reference to the principle of subsidiarity and the doctrine of the margin of appreciation to the Preamble of the Convention; Shortening from six to four months the time limit within which an application must be made to the Court; Amending the ‘significant disadvantage’ admissibility criterion to remove the second safeguard preventing rejection of an application that has not been duly considered by a domestic tribunal; Removing the right of the parties to a case to object to relinquishment of jurisdiction over it by a Chamber in favour of the Grand Chamber; Replacing t...