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Madeleine McCann’s disappearance: ECtHR rejected her parents' application for defamation case against a Portuguese detective

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In Chamber's judgment (20.9.2022) in the case of McCann and Healy v. Portugal (application no. 57195/17) the European Court of Human Rights held, unanimously, that there had been no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.  The case concerned statements made by a former detective inspector – in a book, a documentary and a newspaper interview – about the applicants’ alleged involvement in the disappearance of their daughter, Madeleine McCann, who went missing on 3 May 2007 in southern Portugal.  Before the Court, the applicants alleged that there had been a violation of their right to reputation and to their right to be presumed innocent.  The Court considered that, even assuming that the applicants’ reputation had been damaged, this was not on account of the argument put forward by the book’s author but rather as a result of the suspicions expressed against them, which had led to their being placed under inves

23 states requested to intervene as 3rd parties in the ECtHR proceedings in the case of Ukraine v.Russia

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23 Governments and one non-governmental organisation, the Geneva Academy of International Humanitarian Law and Human Rights, have requested leave to intervene as third parties in the proceedings concerning the case of Ukraine v. Russia (X) (application no. 11055/22).  This inter-State case concerns the Ukrainian Government’s allegations of mass and gross humanrights violations committed by the Russian Federation in its military operations on the territory of Ukraine since 24 February 2022.  The requesting Governments are Austria, Belgium, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. The Court will examine and decide on these requests in due course. Iceland and the United Kingdom have requested and been granted a short extension of the timelimit to request leave to intervene as a third party. The President of the Court may,

Non-transposition of EU legislation: Commission takes action to ensure complete and timely transposition of EU directives

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The European Commission is adopting a package of infringement decisions due to the absence of communication by Member States of measures taken to transpose EU directives into national law (referred to as ‘non-communication infringements').  The Commission is sending a letter of formal notice to those Member States who have failed to notify national measures transposing directives.  In this case, there are 24 Member States who have not yet notified full transposition measures for 10 EU directives whose transposition deadline expired between 1st July and 31st August 2022. Member States concerned now have two months to reply to the letters of formal notice and complete their transposition, or the Commission may decide to issue a reasoned opinion. Workers' rights: Directive (EU) 2019/1152 on transparent and predictable working conditions The  Directive on transparent and predictable working conditions  provides more extensive and updated labour rights and protection to the 182 m

Vacancy: Lawyer in the Legal Services unit of the Boards of Appeal in the European Patent Office

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The European Patent Office in Munich, Germany wishes to recruit a Lawyer in the Legal Services unit of the Boards of Appeal (INT/EXT /20593)  Grade: G7-G10 (net (basic) monthly salary for this vacancy: EUR 5 911 to 8 372) Duration of appointment: Five years Application deadline: 12 October 2022 The Boards of Appeal (BoA) are the final judicial instance in proceedings before the European Patent Office (EPO). Their task is to review decisions taken by the EPO's administrative divisions. The members of the BoA are independent in their decisions and are bound only by the European Patent Convention. Legal Services provide the BoA with legal support, disseminate information on the BoA case law and provide legal advice and support to the President of the BoA on patent law-related questions and institutional matters. The successful candidate will be selected on the basis of qualifications and relevant experience, supplemented as appropriate by interviews, tests and/or a persona

Vacancy in UNICEF: Legal Affairs Specialist, Copenhagen

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Vacancy in UNICEF: Legal Affairs Specialist, P-3, Office of Executive Director, Copenhagen. The fundamental mission of UNICEF is to promote the rights of every child, everywhere, in everything the organization does — in programs, in advocacy and in operations. The equity strategy, emphasizing the most disadvantaged and excluded children and families, translates this commitment to children’s rights into action.  Under the overall guidance of the Chief of Section and direct supervision of one of the Legal Affairs Specialist (P4), the Legal Affairs Specialist will provide guidance and advice on institutional and commercial procurement, donor agreements and contracts related to programme support and project implementation to ensure adherence to organizational financial, procurement, contracting and legal policies, rules and procedures; and to ensure that the organization is protected from legal exposure. To qualify as an advocate for every child you will must have a minimum of a post-gra

International Criminal Court terminates proceedings against Al-Tuhamy Mohamed Khaled following notification of his death

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On 7th September 2022, Pre-trial Chamber I of the International Criminal Court (ICC) terminated proceedings against the alleged former Lieutenant General of the Libyan army and former head of the Libyan Internal Security Agency, Mr Al-Tuhamy Mohamed Khaled.  The Chamber made this decision following the Prosecution’s Notification of the Death of Al-Tuhamy and request to withdraw arrest warrant, dated 2 August 2022 and annexing a copy of a death certificate issued by the Libyan authorities and an official translation. In light of the Prosecution’s submissions, the Chamber considered that the certificate sufficed to render the warrant of arrest without effect. Outstanding requests for arrest and surrender made to any States will accordingly be withdrawn. Background: The Warrant of Arrest for Al-Tuhamy Mohamed Khaled was issued under seal on 18 April 2013 and unsealed on 24 April 2017. He was suspected of four crimes against humanity: imprisonment, torture, persecution, and other inhum

Millions of Russians no longer protected by the European Convention on Human Rights, says CoE's Secretary General

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Following Russia’s exclusion from the Council of Europe on 16 March 2022, as a result of its aggression against Ukraine, the Russian Federation will cease to be a High Contracting Party to the European Convention on Human Rights on 16 September 2022. “Russia’s aggression against Ukraine continues to bring pain and suffering to millions of people in Ukraine and all over Europe. We once again urge the Russian leadership to immediately stop the war in Ukraine and to put an end to the ongoing repression of its own people,” said the  Secretary General  of the 46-state Council of Europe Marija Pejčinović Burić. “It is truly regrettable that, with its departure from the European Convention on Human Rights, Russia will further isolate itself from the democratic world and deprive more than 140 million Russian citizens of the protection offered by the Convention. “The Council of Europe will continue to support and engage with human rights defenders, democratic forces, free media and indepe

Collection and retention of personal data reflecting applicant’s presumed sexual orientation without proven factual basis: Violation of Article 8 of ECHR

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In Chamber judgment (8/9/2022) in the case of Drelon v. France (application no. 3153/16) the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.  The applications concerned, first, the collection and retention, by the French blood donation service (EFS) of personal data reflecting the applicant’s presumed sexual orientation – together with the rejection of his criminal complaint for discrimination – and, second, the refusal of his offers to donate blood, together with the dismissal by the Conseil d’État of his judicial review application challenging an order of 5 April 2016 which amended the selection criteria for blood donors.  Addressing the first application, the Court found that the collection and retention of sensitive personal data constituted an interference with the applicant’s right to respect for his private life. That interference had a fores

Nature of the right of residence under Article 20 TFEU (Case C-624/20 ECJ)

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According to the Judgment of the European Court of Justice in Case C-624/20 (Staatssecretaris van Justitie en Veiligheid), a third-country national who enjoys a right of residence as a family member of an EU citizen may acquire long-term resident status where he or she satisfies the conditions provided for by EU law. In 2013, E. K., a Ghanaian national, obtained a residence permit in the Netherlands as a family member of a Union citizen (Art. 20 TFEU), on account of the existence of a relationship of dependency between that citizen and her son, who holds Netherlands nationality. In 2019, she applied for a long-term resident’s EU residence permit on the basis of the national legislation transposing an EU directive.  (Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44). However, the Netherlands authorities refused her application, on the ground that the right of residence as a family member o

Sweden filed a declaration of intervention in the case concerning allegations of Genocide before ICJ (Ukraine v. Russian Federation)

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On 9 September 2022, the Kingdom of Sweden, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation).  Pursuant to Article 63 of the Statute, whenever the construction of a convention to which States other than those concerned in the case are parties is in question, each of these States has the right to intervene in the proceedings.  In this case, the construction given by the judgment of the Court will be equally binding upon them. To avail itself of the right of intervention conferred by Article 63 of the Statute, Sweden relies on its status as a party to the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”).  In its declaration of intervention, Sweden emphasizes that “the prohibition of genocide is a jus cogens norm in intern