Übersetzung für "verstoß gegen menschenrechte " (Deutsch → Englisch) :

human rights abuse | human rights violation

infringement of EU law [ breach of Community law | breach of EU law | breach of European Union law | infringement of Community law | infringement of European Union law | infringement of the EC Treaty ]

application of EU law [ application of European Union law | implementation of Community law | national implementation | national implementation of Community law | national means of execution ]

offence [ a crime | breach of the law | misdemeanour | petty offence ]

breach of the laws on arms and explosives

breach of Community law

national treatment obligation

The plaintiff further relies on case-law of the European Court of Human Rights on the interpretation of Article 6 of the ECHR to the effect that litigants are to be summoned to court hearings in such a way not only so as to have knowledge of the date and place of hearing, but also to have enough time to prepare a case and attend a court hearing, and that a formal dispatch of a notification letter without any confidence that it will reach the applicant in good time cannot be considered to be proper notification Further, the plaintiff refers to Kapetanios and Others v. Greece to the effect that the European Court of Human Rights has found that ordering the imposition of administrative fines on individuals accused of smugglin ...[+++]g who had been acquitted of a criminal offence is a violation of Article 6(2) of the ECHR on the presumption of innocence and of Article 4 of Protocol No 7 on the right not to be tried or punished twice. Finally, the plaintiff queries whether, in the light of the ruling in Kapetanios and Others v. Greece, a fine of the dimensions in issue is suitable for categorisation as civil in nature, and is rather criminal.

“In the context of Article 8, in cases such as the present one, the applicants’ specificity as a social group and their needs must be one of the relevant factors in the proportionality assessment that the national authorities are under a duty to undertake”. This position taken by the Court in Yordanova was confirmed and further developed in a more recent judgment in case Winterstein and others vs. France (European Court of Human Rights, n° 27013/07 of 17 October 2013. Similar violation of the European Convention of Human Rights (article 8) was observed by the SK Public Defender of Rights (Ombudswoman) in her examination of the forced evi ...[+++]ction and liquidation of a Roma settlement carried out in 2012 in Kosice, Slovakia (report of 23 July 2013).

[25] The European Court of Human Rights, Yordanova and others v. Bulgaria n°25446/06 judgment of 24 April 2012,) concluded that although the concerned Roma lived in an illegal settlement, their eviction was a breach of article 8 of the European Convention of Human Rights (on private life and private property): their housing, although illegally built there, had to be considered as their property and it was disproportionate to evict them.

In that context, regard should be had to the case-law of the European Court of Human Rights, according to which the admission of statements obtained as a result of torture or of other ill-treatment in breach of Article 3 ECHR as evidence to establish the relevant facts in criminal proceedings would render the proceedings as a whole unfair.