Grand chamber case of centro europa 7 s.r.l. and di
Secretary General of the Council of Europe. Parliamentary Assembly. European Court of Human Rights. Commissioner for Human Rights. Congress of Local and Regional Authorities. European Council and Council of Ministers. EC Delegations. After being established in Maythe Venice Commission of the Council of Europe largely contributed to setting up democratic institutions and bringing in line with European human rights standards the legal systems of more than 50 countries worldwide.
Among others, at the. Address to the Parliamentary Assembly of the Council of Europe. Opening and Introduction to Liston Forum These documents call on the member States either to cooperate with the Venice Commission, or to implement its respective recommendations. Resolution on the Access to nationality and the effective implementation of the European Convention on Nationality .
General issues:. How to respond? Media freedom as a condition for democratic elections, Doc. Country-specific issues:. The Honouring of obligations and commitments by Albania Resolution Resolution The functioning of democratic institutions in Azerbaijan Resolution Bosnia and Herzegovina:. The honouring of obligations and commitments by Bosnia and Herzegovina Resolution The functioning of democratic institutions in Bosnia and Herzegovina Recommendation Post-monitoring dialogue with Bulgaria Resolution Document publishing platform How it works.
Enter Remember Me Request new password? Log in using OpenID. Documents Uncategorized. GROSS v. The case originated in an application no. The applicant was represented by Mr F. Petermann, a lawyer practising in St Gallen, Switzerland. Relying on Article 8 of the Convention, the applicant alleged, in particular, that her right to decide how and when to end her life had been breached. It was also decided to grant the case priority Rule In a letter of 12 August the Government requested the referral of the case to the Grand Chamber in accordance with Article 43 of the Convention and Rule The panel of the Grand Chamber granted the request on 7 October In their memorial dated 7 January the Government informed the Court that the applicant had died on 10 November Coleman; the European Centre for Law and Justice, an association based in France specialising in questions of bioethics and the defence of religious freedom, represented by Mr G.
Puppinck; Americans United for Life, an association based in the USA dedicated to protecting the right to life from conception until natural death, represented by Mr W.
Saunders, and Dignitas, an association based in Switzerland whose objective is to ensure that its members receive end-of-life care and die with human dignity, represented by Mr L. The applicant was born in and died on 10 November For many years the applicant had expressed the wish to end her life.
She explained that she was becoming increasingly frail as time passed and was unwilling to continue suffering the decline of her physical and mental GROSS v. She decided that she wished to end her life by taking a lethal dose of sodium pentobarbital. She contacted an assisted-suicide association — EXIT — for support, which replied that it would be difficult to find a medical practitioner who would be ready to provide her with a medical prescription for the lethal drug.
On 20 October a psychiatrist, Dr T. From a psychiatric medical point of view, Dr T. However, he refrained from issuing the prescription himself on the grounds that he did not want to confuse the roles of medical expert and treating physician.
On 16 December the applicant submitted a request to the Health Board of the Canton of Zurich to be provided with 15 grams of sodium pentobarbital in order for her to commit suicide.
On 22 October the Administrative Court dismissed the appeal. The Administrative Court considered, in particular, that the prerequisite of a medical prescription for obtaining a lethal dose of sodium pentobarbital was in accordance with Article 8 of the Convention. The requirement to obtain a medical prescription served the aim of preventing premature decisions and guaranteed that the intended action was medically justified.
It further ensured that the decision was based on a deliberate exercise of the free will of the person concerned. The Administrative Court observed that Dr T. The wish to die taken on its own, even if it was well considered, was not sufficient to justify the issuing of a medical prescription.
Accordingly, the content of the case file did not demonstrate that the necessary prerequisites for issuing a medical prescription had been fulfilled in the instant case.
There was therefore a need for further medical examination. Under these circumstances, the Administrative Court considered that there was no sufficient reason to dispense the applicant from the necessity of a thorough medical examination and of a medical prescription.You are here: Links, documents and glossary overview - Documents.
Rules of Procedure of the Court of Justice consolidated version of 25 September Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling procedure OJ C of 6 Novemberp.
The implementation of the Birds and Habitats Directives in estuaries and coastal zones. Wind energy developments and Natura Sustainable tourism and Natura Guidelines, initiatives and good practices in Europe. Guidelines for the establishment of the Natura network in the marine environment: Application of the Habitats and Birds Directives.
Appendix 1 : Marine Habitat types definitions. Appendix 3: Examples of the technique of the use of matrix as a management tool for decision-making. Appendix 4 I: Good experiences and examples of implementation of Natura in the marine environment including LIFE fund actions in the marine environment.
Appendix 5: Bibliography. Reference for a preliminary ruling: Supreme Court - Ireland. Bund Naturschutz in Bayern e.
EUR-Lex Access to European Union law
Kraaijeveld BV e. Commission of the European Communities v Ireland. Salzburger Flughafen GmbH v Umweltsenat. Chapters 5 and 8. Vedder, European Environmental Law 4th edition. Europa Law Publishing Jans, R. Macrory, A-M Moreno Molina eds. Links, documents and glossary.The candidates were selected in a competitive procedure, from a list of 16 sixteen applicants who fulfilled the criteria announced in the call for application.
At the conclusion of the evaluation process, the national ad hoc Commission for the selection of the candidates recommended a list of three qualified candidates for the position of the Albanian judge in ECHR. A description of the national selection procedure is enclosed to this letter. Following the rejection of the previous lists by the Parliamentary Assembly and the Advisory Panel, and going through a fair and transparent national selection procedure the Albanian Government submits this list, with three highly qualified candidates, with relevant professional experience, according to the relevant guidelines of the Council of Europe.
To ensure the compliance of this process with the Council of Europe standardsthese steps were undertaken:. The call for application was widely disseminated through the publication at the official website of the Prime Minister's Office, at the institutional web pages that interact with the community of jurists, as well in the media.
In order to receive a higher number of applications, the deadline for submission of applications was extended by 1 month, by encouraging professional lawyers that fulfilled the criteria announced, to apply. The application deadline lasted more than two months in total. The qualifications required meet the criteria for the appointments to the highest judicial posts, provided by the Constitution of Albania.
Considering the importance of the professional and moral integrity, the control of figure of judges and prosecutors in the Albanian justice system, as well of Albanian representatives in international judicial bodies, under the implementation of justice reform in Albania, in accordance with the Constitution and the legislation in force, applicants for the position of the new judge of Albania in the ECHR had undergone the process of reevaluation vetting.
Other legal professionals who were not included in the categories mentioned in the Constitution were subject to the principles underlying the reevaluation process, which was conducted through investigation and evaluation of skills, competencies, personality, assets and other aspects, in co-operation with the responsible institutions. An applicant was excluded from the process, due to the reevaluation process vetting.
Under the Order of the Secretary General of the Council of Ministers was established an ad hoc Commission for the selection of applicants with the purpose of recommending the most qualified of them. The composition of the commission was balanced between representatives of the academic corps and well-known law professionals, part of the public administration. After reviewing the applications and verifying compliance with the required criteria, applicants were invited to the structured interview stage, according to a standardized format of questions aimed on identifying the degree of motivation of applicants for the position of Albania's Judge at ECHR but also to check their knowledge about the European Convention on Human Rights, ECHR jurisprudence and the way ECHR is organized and functioned.
Briefly introduce your professional experience including your contribution to the field of human rights if any. How do you interpret Article no. In the context of Article 8, which is the right to respect for private and family life, under the European Convention on Human Rights, what is the interpretation that the ECHR has made to the notion of 'home'? Do judges sit in cases concerning their own country, at the European Court of Human Rights in Strasbourg?
Choose to introduce one of the ECHR decisions that has impressed you predominantly during your professional career, for the reasoning and the standard setting. The Commission made its assessments for each candidate based on a total score worth points 30 points dedicated for the applicant's application documents and 70 points for the interview.
The number of applicants who fulfilled the criteria announced in the call for application was 16 sixteen. Ad hoc commission, at the conclusion of the evaluation process, recommends a list of three candidates for the position of the Albanian judge in ECHR in alphabetical orderas follows:. The three recommended candidates responded very accurately to all the questions addressed by the ad-hoc commission during the interview, in Albanian and English language, showing the depth knowledge on ECHR jurisprudence, how the ECHR works as well the role and competences of judge at ECHR.
Here we submit the above mentioned list for consultation, by Advisory Panel of the Committee of Ministers of the Council of Europe. Appointee to follow and participate in the drafting process of the Constitution of the Republic of Albania — — Member of the working group for the drafting of the Rules of Procedure of the Parliament of the Republic of Albania — — Member of the working group examining the compatibility of the Albanian legislation with the European Convention on Human Rights — under the auspices of the Council of Europe — — Member of the working group for the drafting of the Law on Asylum — under the auspices of the UNHCR — — Member of the working group for the drafting of the Law on the Right of Information to the official documents and personal data protection — Trainer for lawyers on legislative drafting assisting the NGOs, supported by the ORT Democracy network.
A manual on legislative drafting was produced at the end of the training — Co-Director of a temporary center established by seven NGOs working on collecting testimonies about the genocide and crimes committed during the war in Kosova. I have extensive litigation experience as an advocate before international human rights courts and mechanisms, but no direct experience as a judge. I have conducted several trainings of judges and other law professionals in the Council of Europe area, mostly on questions of ECHR jurisprudence.
Advising and assisting the Albanian Parliament, Ministry of Justice and other justice institutions with implementation of the justice sector reforms and other strategic matters —ongoing — Independent expert on human rights law and policy Tirana-based. Advised the Chair of the Special Committee and its secretariat on various substantive matters and coordination of the reform process.
Designed, coordinated and implemented activities for the promotion and protection of human rights in various parts of the world, including the Council of Europe region. Relevant activities included direct engagement with domestic and international human rights litigation, legislative reform and technical assistance, legal research and advocacy.A well-kept property in a fairly clean part of Taranto.
Election of Judges to the European Court of Human Rights
Quite a few of the rooms are stunning: two stories high nearest the windows, with a spiral stairway leading to the upper level. Our was more pedestrian; probably given to us since we were only spending one night there. The breakfast included in room price is high-quality. The front-desk staff is multi-lingual and very knowledgeable of the city and surrounding communities.
There's a nice, clean pedestrian mall nearby; a great place to watch Italian people acting like Italians. The only thing missing was internet connectivity. On balance I'd stay there again. Log in to get trip updates and message other travelers. Hotel Europa.
Lowest prices for your stay. Guests 1 room2 adults0 children Guests 1 2. Show Prices. Like saving money? We search up to sites for the lowest prices. Professional, Well-Kept Property. Review of Hotel Europa. Ask Grundoon about Hotel Europa. See all reviews. Nearby Hotels. Hotel Plaza.InCentro Europa 7 won a contract to broadcast a new TV station in Italy, but was prevented from going on the air as its allocated frequency was occupied by Mediaset, owned by the family of then Prime Minister Berlusconi, who also had indirect control over the national broadcaster RAI in his capacity as Head of Government.
The Grand Chamber of the European Court of Human Rights found that the dominance of Mediaset failed to ensure pluralism in the media sector. In mid, Centro Europa 7 participated in an open bid for national television concessions organized by the Italian Ministry of Communications.
It came sixth in the competition and won one of the licenses on offer. In Octoberit received the actual title to the concession by the Ministry. However, in December it was notified by the Ministry that it could not be granted an operating frequency because of an "objective impossibility:" the lack of a free national frequency.
In fact, the frequency was not available because the Mediaset Group, Italy's largest television company, had failed to comply with a anti-concentration law that required it to relinquish one of its three national terrestrial frequencies. Mediaset, which is controlled by the family of then Italian Prime Minister Silvio Berlusconi, has dominated the national private television sector since the early s.
In Novemberthe Italian Constitutional Court held that the failure of the Act to set a strict deadline for the handover of the "over-quota" frequencies including the one held by Mediaset was unconstitutional. The Court said the transition should in no case continue beyond December 31, On December 24,the Berlusconi Government adopted emergency legislation, later ratified by Parliament, postponing indefinitely the handover of over-quota frequencies.
The reason provided by the Government was the need to obtain an opinion from the broadcasting regulatory authority, AGCOM. A new broadcasting law adopted in May the "Gasparri Act"again under a Berlusconi government, formally extended the Act's transition i. In lateafter years of domestic and supranational litigation, Centro Europa 7 was finally granted an operating frequency that was squeezed out of the frequencies held by RAI, the public broadcaster not one of Mediaset's, as originally contemplated.
Centro Europa 7 said that the frequency it finally received was inferior to the one contemplated by the concession, making it difficult to reach large parts of the national territory. The Justice Initiative intervened in the case with written comments providing a comparative survey of European law and practice on general principles of media diversity, regulation of broadcast ownership, and political interference in broadcasting.
Media pluralism. European standards require that states must guarantee the right of individuals and the public at large to have access to a pluralistic media sector, especially in broadcasting.
Diversity of ownership. States should ensure that a sufficient variety of outlets and perspectives, provided by a range of different owners, is available to the public. Freedom from political control.
Allowing senior politicians or government officials to control significant segments of the national broadcasting sector is incompatible with current European notions of freedom of expression. The state must play an active role to preserve diversity of voices and content.
The court found that successive Italian governments had failed to meet these duties. The court found a violation of Article 10 freedom of expression and Article 1 of Protocol No. The government grants a frequency to Europa 7, but it is inadequate to broadcast, and is only available from June 30, The Gasparri Act states that only existing analogue broadcasters will be eligible to start broadcasting in digital, excluding Europa 7.By Dr.
The case concerned freedom of expression as guaranteed by Article 10 ECHR in an election context — in particular the use of a mobile application made available by a political party MKKP where voters could share an anonymous photo of their invalid paper ballots alongside political messages as a sign of protest against a national referendum. The Grand Chamber held that the legal rules that constituted the basis for imposing a fine on MKKP were insufficiently foreseeable for the purposes of Article 10 2did not rule out arbitrariness in its application and did not enable MKKP to regulate its conduct.
As such, the Court held that there has been a violation of Article 10 of the Convention. The MKKP — a registered political party that did not attain the statutory threshold for parliamentary representation and mainly conveying its political opinion through satire and humorous content — found the referendum initiative manipulative and abusive of direct democracy mechanisms.
Along with the photograph, MKKP encouraged voters to share a message on the mobile application. Users could select a pre-set political message or write their own message. Because of the hashing technique used for the application, neither MKKP nor the developer could have access to the personal data of the users. On the day of the referendum altogether 3, photos were shared.
The NEC considered that the use of the mobile application infringed the principles of fairness of elections, voting secrecy and the exercise of rights in accordance with their purpose, in breach of the Fundamental Law of Hungary and the National Election Procedure Act. However, expressing a political opinion by means of taking and sharing a photo of the paper ballot through a mobile application was incompatible with this traditional role.
MKKP lodged a complaint with the Constitutional Court of Hungary concerning the infringement of their constitutional right to freedom of expression. However, the Constitutional Court of Hungary rendered the complaint inadmissible on account of MKKP not suffering directly from this potential breach of freedom of expression.
Moreover, the Chamber considered that the Government of Hungary breached the invoked right by failing to indicate which interest under Article 10 2 the ban served. As such, the Chamber unanimously held that the interference could not be considered to pursue a legitimate aim in accordance with Article 10 2 of the Convention and there was, therefore, a violation of Article 10 ECHR. First, regarding the existence of an interference with the freedom of expression of MKKP, the Court indicated that this point was not contested among the parties and the Court also accepted this position para.
Indeed, the Court confirmed that a photograph taken of a ballot paper falls within the freedom of expression concerning the publication of photographs referring to Von Hannover v. Germany no. France para. Turkey para.
Turkey in its previous case law para. In reaching this conclusion, the Court also held that the freedom of expression concerning the content of the photograph and the freedom of expression of the content provider were closely intertwined in the circumstances of this case para.
Estonia para. With regard to this latter aspect, the Court offered a detailed analysis. Italy para. In this regard, the Court emphasized that it does not require all detailed conditions to be laid out in the text of the legislation. Francepara. Another central point for the Court was the fact that the question occurred in an electoral context and concerned the freedom of expression of a political party.
According to the Grand Chamber this circumstance gave particular weight to the assessment of foreseeability para.