search

… He relied on Article 6 § 1 of the Convention, which reads as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by .” Admissibility Applicability of Article 6 § 1 of the Convention (a) The parties’ submissions 78. The Government conceded that Article 6 § 1 of the Convention applied under its civil limb. …

… The applicants complained of a violation of their right to be heard by an impartial tribunal as guaranteed by Article 6 § 1 of the Convention which, in its relevant part, reads as follows: “In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing within a reasonable time by an and by .” Admissibility 55. …

… In the determination of his civil rights and obligations ... everyone is entitled to a fair and public hearing within a reasonable time by an and by ...” Admissibility 29. The Government argued that the applicant organisation had not raised the alleged breach of its rights under the Convention with the national courts and had therefore failed to exhaust domestic remedies. …

… They relied on Article 6 §§ 1 and 3 (d) of the Convention, which reads as follows: “(1) In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by an and by . ... 3. Everyone charged with a criminal offence has the following minimum rights: ... …

… The first applicant complained that her case had been allocated to Judge P. unlawfully, in breach of her right to be heard by an and by , as guaranteed by Article 6 § 1 of the Convention, which in so far as relevant reads as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by .” Admissibility 111. …

… The present case concerns, firstly, the removal of three children from the first applicant (the mother), by their father, and the discontinuation of contact between the children and their mother, as well as other related issues, about which they complained under Article 8 of the Convention; and, secondly, the reassignment of the first applicant’s case to a particular judge, which was allegedly in breach of her right to be heard by an and by , as guaranteed …

… and by , and the applicants’ complaints under Article 8 of the Convention, and to declare inadmissible the remainder of the applications; the decision not to have the applicants’ names disclosed; the observations submitted by the respondent Government and the observations in reply submitted by the applicants; the comments submitted by Human Rights Ombudsman of the Republic of Slovenia, who was granted leave to intervene by the Vice-President of the Section; Having …

… Article 42 § 2 “In order to protect their constitutional and legal rights, freedoms and interests, or when an accusation has been made against them, everyone has the right to a fair and public trial, within a reasonable time, by an and by .” Article 142 § 3 “State bodies shall comply with judicial decisions.” The Civil Code 40. …

… In the determination of ... any criminal charge against him, everyone is entitled to a fair and public hearing ... by an and by . …

… He alleged, in particular, that: (i) the Criminal Chamber of the Supreme Court which had examined his case had not been an “ and by ”, given that one of the judges had been appointed to the Supreme Court in violation of the statutory eligibility criteria; (ii) the Criminal Chamber of the Supreme Court had not been an “ and by ” also in view of the fact that the same judge had previously served as Prosecutor …

… The present case concerns the applicant’s allegation that the Criminal Chamber of the Supreme Court which examined his case was not an “ and by ”. It also concerns his conviction by the Supreme Court by means of written proceedings following his acquittals by the lower courts, the alleged lack of reasons in the relevant judgment and his allegation that there was an ulterior motive behind his prosecution. …

… Article 6 § 1 of the Convention reads as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by .” Admissibility Applicability of Article 6 of the Convention to proceedings concerning recognition of an arbitral award (a) The parties’ submissions (i) The Government 73. …

… In the determination of his civil rights and obligations ... everyone is entitled to a fair and public hearing within a reasonable time by an and by ...” Admissibility 42. The Court notes that this complaint is neither manifestly ill-founded nor inadmissible on any other grounds listed in Article 35 of the Convention. It must therefore be declared admissible. Merits The parties’ submissions (a) The applicant 43. …

… Provisional text JUDGMENT OF THE COURT (Fourth Chamber) 14 November 2024 (*) (Reference for a preliminary ruling - Second subparagraph of Article 19(1) TEU - Remedies - Effective judicial protection - and by - National rules governing the random allocation of cases to the judges of a court and the modification of the formations of the court - Provision precluding reliance on the infringements of those rules in appeal proceedings) In Case C-197/23, REQUEST …