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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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A holding by purely financial investors in a law firm may be prohibited (CJEU)

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The EU Court of Justice ruled in Case C-295/23 (Halmer Rechtsanwaltsgesellschaft) that a holding by purely financial investors in a law firm may be prohibited. Such a prohibition is justified in order to ensure the independence of lawyers.  A Member State may prohibit holdings by purely financial investors in the capital of a law firm. Such a restriction on the freedom of establishment and the free movement of capital is justified by the objective of ensuring that lawyers can exercise their profession independently and in compliance with their professional conduct obligations.  The German law firm Halmer Rechtsanwaltsgesellschaft is challenging before the Higher Bavarian Lawyers’ Court (Germany) a decision of the Munich Bar Association of 9 November 2021 which revoked its registration with the bar association on account of the fact that an Austrian limited liability company acquired shares [1] in it for purely financial purposes. Under the German legislation applicable at the ...
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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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Ombudsman inquiry on Commission President’s text messages is a wake-up call for EU

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The European Ombudsman inquiry into the Commission’s handling of a request for text messages between its President and the CEO of a pharmaceutical company is a wake-up call for all EU institutions about ensuring accountability in an era of instant messaging. One year after the initial request by a journalist, the Commission has still not clarified whether messages reported to concern major vaccine procurement deals exist and whether the public is entitled to see them. The Ombudsman had asked the Commission, in a finding of maladministration in January, to conduct a more thorough search for the text messages. The Commission’s recent response failed to say whether it had looked directly and correctly for the text messages and if not, why not. While the response recognised that work-related text messages can be EU documents, it reiterated that the Commission’s internal policy is, in effect, not to register text messages. The Ombudsman has closed  the inquiry  and upheld...
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International Criminal Court removes Prosecutor Karim Khan over serious misconduct

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International Criminal Court member states voted to dismiss prosecutor Karim Khan following disputed allegations that he sexually assaulted a female member of his staff. The Assembly of States Parties to the Rome Statute of the International Criminal Court held a special session on disciplinary proceedings involving an elected official on 24 July 2026 at United Nations Headquarters in New York. The Assembly adopted a decision, by secret ballot, by an absolute majority of 82 States Parties, finding that Mr. Karim Khan committed serious misconduct and serious breach of duty and removed him from office under article 46 of the Rome Statute. Following the decision, Deputy Prosecutors Nazhat Shameen Khan and Mame Mandiaye Niang, will continue to head the Office of the Prosecutor (the Office). Since Mr Karim A. A. Khan took a leave of absence in May 2025,  the Deputy Prosecutors have assumed responsibility for the leadership, management and administration of...
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Motor vehicle liability insurance: EU law does not preclude the transfer of a claim for compensation held against an insurance company (CJEU)

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Motor vehicle liability insurance: EU law does not preclude the transfer of a claim for compensation held against an insurance company (Judgment of the Court of Justice of EU in Case C-277/25- Helpfind Funding and Others). In Poland, several people whose vehicles had been damaged in road traffic accidents received compensation from the insurance undertakings of the persons responsible for those accidents. They took the view that the sums that they had received did not fully remedy their material damage, and therefore assigned their compensation claims to companies specialising in debt recovery, in return for payment. [1] Those professionals then brought legal proceedings against the insurers concerned. The Polish court seised of those disputes referred the matter to the Court of Justice to enquire whether the EU Motor Insurance Directive [2] prevents such an assignment of the right to compensation.  The Court answers that question in the negative. It notes that the directive aims t...
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The struggle for truth against time and limitation period in the light of two paternity court cases

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By George Kazoleas, Lawyer Two recent cases, one by the European Court of Human Rights and the other by the Athens Court of First Instance with similar facts, show once again that justice can dispel the darkness caused by human deceit having as a result the distortion of real facts. Against time and limitation Time, was essentially the reason why the courts in Serbia denied the 50-year-old Peda Boljevic the right to know the truth about who his biological father was. Until 2011 he believed that A was his real father but when he died, Boljevic discovered in old court rulings around 1970 that A could not be his biological father. So, at the beginning of 2012, he filed a lawsuit with his mother, invoking the old decisions by also adding the argument that back then there was no DNA test, but today this could be done based on a court decree. The courts in Serbia, both the court of first instance and the court of appeals, rejected his application as lapsed, after so many years. In particular...
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