Court : European Court of Human Rights
Decided on : May-28-2014
..... ... torture remains rampant and continues to occur with near-total impunity. detainees rights are violated at each stage of investigations and trials, despite habeas corpus amendments passed in 2008. the government has failed to meaningfully implement recommendations to combat torture made by the un special rapporteur in 2003 and other international bodies. ..... family and criminal matters (the minsk convention?) 71. extradition proceedings are governed by the minsk convention, to which both russia and uzbekistan are parties, as amended by the protocol of 28 march 1997 ratified by russia on 9 november 2001. uzbekistan has signed the protocol but not ratified it. the relevant provisions of ..... the material time, incorporated the definition of the term refugee? contained in article 1 of the 1951 geneva convention, as amended by the 1967 protocol relating to the status of refugees. the act defines a refugee as a person who is not a russian national and who, owing to a well-founded fear of .....
Tag this Judgment!Court : European Court of Human Rights
Decided on : May-27-2014
..... to the k ria 24. in order for a new president to be elected to the k ria in due time, the constitution of the republic of hungary (amendment) act (act clix of 2011, adopted on 28 november 2011, see paragraph 22 above) entered into force on 2 december 2011. on 9 november 2011, the organisation and administration ..... require a two-thirds majority of the votes of members of parliament.? e. constitution of the republic of hungary (amendment) act (act clix of 2011), which entered into force on 2 december 2011 40. the constitution of hungary was amended as follows, with regard to the election of the president of the k ria: section 1 the constitution shall ..... the entitlements of the president of the supreme court, was repealed as from 1 january 2012. section 227(1) of the legal status and remuneration of judges act 2011 (as amended on 28 november 2011, in force from 1 january 2012) supplemented this abrogation and stipulated that the repealed legislation would be applied to any former president of .....
Tag this Judgment!Court : European Court of Human Rights
Decided on : May-27-2014
..... political parties to become a hub? in a highly reasonable way and which set criteria to ensure its implementation. why did the constitutional court annul this amendment in accordance with an authoritarian understanding? in this case, the problem is related to the fact that our constitutional court judges have not taken on board freedoms ..... by the 17th chamber above, the 20th chamber considered that the author, who had accused the judges of serious misconduct such as receiving instructions, of acting irresponsibly and of not being independent and lacking reasonable logic and conscience, had gone beyond objective and technical criticism of the constitutional court and its judgment ..... , but neither the constitution nor the law on political parties require that the sanction of dissolution be applied to such a party if it has acted contrary to the constitution. if this was the reason for which the constitutional court refused the chief public prosecutors request to dissolve the fazilet party .....
Tag this Judgment!Court : European Court of Human Rights
Decided on : May-27-2014
..... applicable test entails establishing whether the domestic decisions refusing to grant the applicant shared parental authority will persist after 1 july 2014, when the amendments to the civil code provisions on parental authority will enter into force. the court must then consider whether the measures envisaged by the authorities constitute ..... applicant would need to institute domestic proceedings, the outcome of which would be uncertain. 31. in addition, the court observes that the legislative amendments will enter into force on 1 july 2014. therefore, it cannot be said that these measures are capable of offering adequate and sufficient redress for ..... interests. the court therefore considers that, when awarding parental authority to the childrens mother and granting the applicant extensive contact rights, the national authorities acted within the margin of appreciation afforded to them in such matters. furthermore, the court considers that the exclusion of shared parental authority where one .....
Tag this Judgment!Court : European Court of Human Rights
Decided on : May-20-2014
..... an additional tax and a tax surcharge. b. penal code 31. according to chapter 29, sections 1 and 2, of the penal code (rikoslaki, strafflagen; as amended by acts no. 1228/1997 and no. 769/1990), a person who (1) gives a taxation authority false information on a fact that influences the assessment of tax, ( ..... pending before the chancellor of justice. ii. relevant domestic law and practice a. tax assessment procedure act 30. section 57, subsection 1, of the tax assessment procedure act (laki verotusmenettelyst , lagen om beskattningsf rfarande, act no. 1558/1995, as amended by act no. 1079/2005) provides that if a person has failed to make the required tax returns ..... issue was decided, or 3) to the finality of such a tax surcharge decision, and found the second option the most justifiable. d. legislative amendments 36. in december 2012 the government submitted to parliament a proposal for an act on tax surcharges and customs duty surcharges imposed by a separate decision and for certain related .....
Tag this Judgment!Court : European Court of Human Rights
Decided on : May-20-2014
..... an additional tax and a tax surcharge. b. penal code 21. according to chapter 29, sections 1 and 2, of the penal code (rikoslaki, strafflagen; as amended by acts no. 1228/1997 and no. 769/1990), a person who (1) gives a taxation authority false information on a fact that influences the assessment of tax, (2 ..... refused the applicant leave to appeal. ii. relevant domestic law and practice a. tax assessment procedure act 20. section 57, subsection 1, of the tax assessment procedure act (laki verotusmenettelyst , lagen om beskattningsf rfarande, act no. 1558/1995, as amended by act no. 1079/2005) provides that if a person has failed to make the required tax returns ..... issue was decided, or 3) to the finality of such a tax surcharge decision, and found the second option the most justifiable. d. legislative amendments 26. in december 2012 the government submitted to parliament a proposal for an act on tax surcharges and customs duty surcharges imposed by a separate decision and for certain related .....
Tag this Judgment!Court : European Court of Human Rights
Decided on : May-20-2014
..... the outcomes set out in the care plan, reassess the needs and circumstances of individual service users, help determine individuals continued eligibility for support, and confirm or amend the current care plan. iii. relevant international law a. the united nations convention on the rights of persons with disabilities 30. article 3 provides, as relevant, ..... the other. she would therefore have allowed the appeal. ii. relevant domestic law and practice 26. section 47 of the national health service and community care act 1990 (the 1990 act?) provides that: (1) subject to subsections (5) and (6) below, where it appears to a local authority that any person for whom they ..... under article 8 of the convention; and thirdly, that in reducing her funding the local authority had failed to comply with its obligations under the disability discrimination act 1995. in particular, she argued that if forced to use incontinence pads she would lose all sense of dignity? and, as a consequence, she would .....
Tag this Judgment!Court : European Court of Human Rights
Decided on : May-20-2014
..... of the rectification decision to the taxpayer. b. penal code 20. according to chapter 29, sections 1 and 2, of the penal code (rikoslaki, strafflagen; as amended by acts no. 1228/1997 and no. 769/1990), a person who (1) gives a taxation authority false information on a fact that influences the assessment of tax, ( ..... published leading case kko:2010:46. ii. relevant domestic law and practice a. tax assessment procedure act 18. section 57, subsection 1, of the tax assessment procedure act (lakiverotusmenettelyst , lagen om beskattningsf rfarande, act no.1558/1995, as amended by act no. 1079/2005) provides that if a person has failed to make the required tax returns or ..... was decided, or 3) to the finality of such a tax surcharge decision, and found the second option the most justifiable. d. legislative amendments 24. in december 2012 the government submitted to parliament a proposal for an act on tax surcharges and customs duty surcharges imposed by a separate decision and for certain related .....
Tag this Judgment!Court : European Court of Human Rights
Decided on : May-20-2014
..... an additional tax and a tax surcharge. b. penal code 29. according to chapter 29, sections 1 and 2, of the penal code (rikoslaki, strafflagen; as amended by acts no. 1228/1997 and no. 769/1990), a person who (1) gives a taxation authority false information on a fact that influences the assessment of tax, ( ..... refused the applicant leave to appeal. ii. relevant domestic law and practice a. tax assessment procedure act 28. section 57, subsection 1, of the tax assessment procedure act (laki verotusmenettelyst , lagen om beskattningsf rfarande, act no. 1558/1995, as amended by act no. 1079/2005) provides that if a person has failed to make the required tax returns ..... finality of such a tax surcharge decision, and found the second option the most justifiable. 6 pirttim ki v. finland judgment d. legislative amendments 34. in december 2012 the government submitted to parliament a proposal for an act on tax surcharges and customs duty surcharges imposed by a separate decision and for certain related .....
Tag this Judgment!Court : European Court of Human Rights
Decided on : May-15-2014
..... the offence of violent overthrow of state power?, for the purpose of justifying their pre-trial detention for long periods of time, and subsequently amending the charges to a lesser charge of participation in mass disorder, is not censured by the domestic courts, which passively accept this prosecutorial practice5. ..... service duties, namely ... reception of members of the public and examination of applications from citizens of the russian federation... while performing the above disorderly acts [the defendants] ... destroyed and damaged property in the offices of the reception area of the presidents administration building...? 29. in respect of the ..... aggressive behaviour, they could not argue that they had participated in a peaceful political action. the court also held as follows: [the defendants], acting in conspiracy, committed serious breaches of public safety and order by disregarding established norms of conduct and showing manifest disrespect for society... they effected an .....
Tag this Judgment!