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- the lack of notification of surveillance measures is not, in the circumstances of the case, contrary to the concept of an “effective remedy” and does not therefore entail a violation of Article 13; -"for the purposes of the present proceedings, an 'effective remedy' under Article must mean a remedy that is as effective as can be having regard to the restricted scope for recourse inherent in any system of secret surveillance"; - in the particular circumstances of this case, the aggregate of remedies available to the applicants under German law satisfies the requirements of Article 13. [Paragraphs 61 to 72 of the judgment/] D. Article 6 § 1 15. Both the German Government and the Commission considered Article 6 to be inapplicable to the facts of the case. The Court concluded that Article 6, even if applicable, had not been violated. [Paragraphs 73 to 75 of the judgment.] The Court gave judgment at a plenary sitting, in accordance with Rule 48 of the Rules of Court, and was composed as follows: Mr. G. BALLADORE PALLIERI (Italian), President, Mr. G. WIARDA (Dutch), Mr. H. MOSLER (German), Mr. M. ZEKIA (Cypriot), Mr. J. CREMONA (Maltese), Mr. P. O'DONOGHUE (Irish), Mr. Thor VILHJALMSSON (Icelandic), Mr. W. GANSHOF VAN DER MEERSCH (Belgian), Sir Gerald FITZMAURICE (British), Mrs. D. BINDSCHEDLER-ROBERT (Swiss), Mr. P.-H. TEITGEN (French), Mr. G. LAGERGREN (Swedish), Mr. L. LIESCH (Luxemburger), Mr. F. GOLCUKU (Turkish), Mr. F. MATSCHER (Austrian), Mr. J. PINHEIRO FARINHA (Portuguese), Judges, and also Mr. H. PETZOLD Deputy Registrar. There is one separate opinion attached to the judgment. *** For further information, reference should be made to the text of the judgment and to the previous press release C (78) 10. The judgment is available on request in French and English, the two official languages of the Court. Subject to the discretion attached to his duties, the Registrar is responsible under the Rules of Court for replying to all requests for information concerning the work of the Court, and in particular to requests from the Press. 14
A P P E N D I X Text of the Articles of the, Convention whose violation was alleged by the applicants. Article 6 § 1 1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. Article 8 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. Article 13 Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity. 15
Page 1: DP (2006) CASE LAW CASE LAW OF THE
Page 4 and 5: 12. Murray v. The United Kingdom, j
Page 6 and 7: statements made by an MP subsequent
Page 9: JUDGMENTS OF THE EUROPEAN COURT OF
Page 12 and 13: home and correspondence) and Articl
Page 16 and 17: 2. Malone v. The United Kingdom, ju
Page 18 and 19: [see paragraphs 63 and 85 of the ju
Page 20 and 21: This finding removed the need for t
Page 22 and 23: 3. Leander v. Sweden, judgment of 2
Page 24 and 25: public authorities are empowered to
Page 26 and 27: For further information, reference
Page 28 and 29: B. Proceedings before the Commissio
Page 30 and 31: D. Application of Article 50 1. Pec
Page 32 and 33: 5. Kruslin v. France, judgment of 2
Page 34 and 35: The Court pointed out, firstly, tha
Page 36 and 37: [See paragraph 40 of the judgment a
Page 38 and 39: 13. Miss B., wishing to marry her f
Page 40 and 41: II. THE MERITS A. Alleged violation
Page 42 and 43: 50. In the Government’s opinion,
Page 44 and 45: (b) Documents 59. (a) The applicant
Page 47 and 48: 7. Lüdi v. Switzerland, judgment o
Page 49 and 50: een aware of. Moreover, the applica
Page 51 and 52: 8. Niemietz v. Germany, judgment of
Page 53 and 54: 2. In the Court's opinion, the inte
Page 55 and 56: 9. Funke v. France judgment of 25 F
Page 57 and 58: B. Proceedings before the European
Page 59 and 60: 1. "In accordance with the law” T
Page 61 and 62: Matscher (Austrian) , Mr L.E. Petti
Page 63 and 64: 10. Hoffmann v. Austria, judgment o
Page 65 and 66:
The Court therefore accepted that t
Page 67 and 68:
Article 50 "If the Court finds that
Page 69 and 70:
B. Proceedings before the European
Page 71 and 72:
In accordance with the Convention,
Page 73 and 74:
3. Mrs Murray was arrested by the A
Page 75 and 76:
4. The level of "suspicion" require
Page 77 and 78:
arrest and detention of persons sus
Page 79 and 80:
13. Z. v. Finland, judgment of 25 F
Page 81 and 82:
the Court have jurisdiction to ente
Page 83 and 84:
(iii) Duration of the confidentiali
Page 85 and 86:
14. Halford v. The United Kingdom,
Page 87 and 88:
2. The office telephones: (i) exist
Page 89 and 90:
15. Anne-Marie Andersson v. Sweden,
Page 91 and 92:
Accordingly, it transpired from the
Page 93 and 94:
In May 1992 the Social Insurance Of
Page 95 and 96:
Accordingly, it appeared from the v
Page 97 and 98:
Procedure Act (“the FCPA”) whic
Page 99 and 100:
Secondly, tapping and other forms o
Page 101 and 102:
18. Valenzuela Contreras v. Spain,
Page 103 and 104:
exercise of his right to respect fo
Page 105 and 106:
19. Lambert v. France, judgment of
Page 107 and 108:
The second requirement which derive
Page 109 and 110:
20. Fressoz and Roire v. France , j
Page 111 and 112:
The Court had in particular to dete
Page 113 and 114:
21. Lustig-Prean and Beckett v. The
Page 115 and 116:
were not in question. Insofar as th
Page 117 and 118:
public order aims pursued by the Go
Page 119 and 120:
Matti Pellonpää (Finnish), Presid
Page 121 and 122:
23. Amann v. Switzerland, judgment
Page 123 and 124:
was the surveillance of persons sus
Page 125 and 126:
24. Rotaru v. Romania, judgment of
Page 127 and 128:
As to the Government’s submission
Page 129 and 130:
25. Khan v. The United Kingdom, jud
Page 131 and 132:
26. P.G. and J.H. v. The United Kin
Page 133 and 134:
evidence was heard by the judge alo
Page 135 and 136:
27. Krone Verlag Gmbh & Co. KG v. A
Page 137 and 138:
28. Mikulić v. Croatia, judgment o
Page 139 and 140:
means enabling an independent autho
Page 141 and 142:
30. Christine Goodwin v. the United
Page 143 and 144:
Though the Court did not underestim
Page 145 and 146:
31. M.G v. the United Kingdom, judg
Page 147 and 148:
32. Taylor-Sabori v. the United Kin
Page 149 and 150:
33. Allan v. the United Kingdom, ju
Page 151 and 152:
34. A. v. the United Kingdom, judgm
Page 153 and 154:
in the reporting of parliamentary p
Page 155 and 156:
35. Peck v. the United Kingdom, jud
Page 157 and 158:
The application was lodged with the
Page 159 and 160:
36. Odièvre v. France (application
Page 161 and 162:
child’s, and subsequently the adu
Page 163 and 164:
37. Perry. v. the United Kingdom, j
Page 165 and 166:
The Court noted that the photograph
Page 167 and 168:
The main task of the Court was to a
Page 169 and 170:
The Court noted that the matters co
Page 171 and 172:
The applicant complained under Arti
Page 173 and 174:
On 16 and 26 September 2003 the Pre
Page 175 and 176:
43. Wisse v. France, judgment of 20
Page 177 and 178:
44. Turek v. Slovakia , judgment of
Page 179 and 180:
violation of his right to respect f
Page 181 and 182:
Ms Segerstedt-Wiberg is the daughte
Page 183 and 184:
that background, the Court found th
Page 185 and 186:
the Security Police whether to advi
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parquet, au motif que la présentat
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41. Enfin, la Cour estime que les i
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interception of telecommunications
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egards the monitoring of individual
Page 195 and 196:
5. the counterfeiting of money (Gel
Page 197 and 198:
amended G 10 Act. The federal legis
Page 199 and 200:
sentence, no notification was given
Page 201 and 202:
Moreover, the first applicant had f
Page 203 and 204:
80. Such interferences are justifie
Page 205 and 206:
Law or arbitrariness in its applica
Page 207 and 208:
106. The Court reiterates that when
Page 209 and 210:
measures remained in force for a fa
Page 211 and 212:
applied and data be transmitted if
Page 213 and 214:
(see above, paragraph74). She relie
Page 215 and 216:
151. The Court observes that in the
Page 217 and 218:
48. Panteleyenko v. Ukraine (no. 11
Page 219 and 220:
The Court also noted that the appli
Page 221:
The applicant complained about the
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