LegalPost.eu

The European Ombudsman commented on the decision of the Court of Justice of the EU dated 14/5/2025 in Case T-36/23 (Stevi and The New York Times v Commission),related to the access to the text messages exchanged between President von der Leyen and the CEO of Pfizer. As mentioned in the statement of the European Ombudsman, “judgement is important for the principles of transparency in EU decision making and how those principles are applied in our new digital age. As text messages are regularly used as a form of communication by decision-makers, it is key that institutions ensure those messages are registered and retained as needed so that public access requests can be dealt with properly and efficiently. In particular, the Ombudsman notes that the Court ruled today (14.5.2025) that the way the Commission dealt with the access request to the text messages exchanged by the President of the Commission and the chief executive officer of a pharmaceutical company breached the principle o...

Ministers for transport reached a political agreement on the revision of the regulations on air passenger rights and on airline liability. The new framework seeks to establish simpler and clearer rules for air passengers, while striking a better balance between a high level of protection for passengers and preserving connectivity and a level playing field for the aviation sector within the EU’s internal market. The Council position aims to strengthen and clarify several existing air passengers rights, together with the introduction of certain new rights. Key rights in the text include: the right to be rerouted the right to assistance the right to compensation in case of cancellations and delays the right to information The right to be rerouted Airlines must offer passengers rerouting at the earliest opportunity, including the possibility to be rerouted through flights operated by other carriers or alternative transport modes where suitable. ...

United States announced sanctions against four judges of the International Criminal Court. (ICC). Α s stated in the State Department announcement , the designations are made pursuant to Executive Order (E.O.) 14203,  which authorizes sanctions on foreign persons engaged in certain efforts by the ICC and aims to impose tangible and significant consequences on those directly engaged in the ICC’s transgressions against the United States and Israel.    The International Criminal Court (ICC) responded with a statement that it “deplores the additional designations for sanctions which were announced today (5.6.2025) by the United States of four judges of the Court: Second Vice-President Reine Adelaide Sophie Alapini Gansou (Benin), Judge Solomy Balungi Bossa (Uganda), Judge Luz del Carmen Ibáñez Carranza (Peru) and Judge Beti Hohler (Slovenia). These additional designations follow the earlier designation of Prosecutor Kar...

The European Data Protection Board published the Guidelines 02/2024 on Article 48 GDPR about transfers or disclosures not authorised by Union law. Αs mentioned in the introduction to the guidelines, "article 48 GDPR provides that: “Any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data may only be recognised or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or a Member State, without prejudice to other grounds for transfer pursuant to this Chapter ”.  The purpose of these guidelines is to clarify the rationale and objective of this article, including its interaction with the other provisions of Chapter V of the GDPR, and to provide practical recommendations for controllers and processors in the EU that may receive requests from third country ...

The International Organization for Migration  (IOM) based in Geneva, Switzerland, seeks to recruit a Policy and Legal Officer with a Fixed-term  contract (1 year with possibility of extension). Established in 1951, IOM is a Related Organization of the United Nations, and as the leading UN agency in the field of migration, works closely with governmental, intergovernmental and non-governmental partners. IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants. Under the overall supervision of Chief, HR Policy and Staff Relations Division and direct supervision of the Senior HR Officer (Policy and Legal) and in close coordination with the Department of Legal Affairs,  General and Administrative Law Division, and other relevant units, the Policy and Legal Officer will be responsible and accountable for providing legal and HR policy advice, guidance and recommendati...

Applicant’s final conviction after first-instance acquittal, without both judges who convicted him hearing evidence directly from relevant witnesses, breached right to fair trial. In Chamber judgment in the case of Manolache v. Romania (application no. 7908/17) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights.  The case concerned the fairness of criminal proceedings against the applicant, a police officer. On trial for influence peddling, he was initially acquitted but was then convicted in a final judgment by the Piteşti Court of Appeal. One of the two judges on the bench at last instance had not, however, taken evidence directly from all the witnesses.  The Court found, in particular, that the Court of Appeal, in its judgment of 2 November 2016, had indeed made a fresh interpretation of witness statements that were decisive in the case, but that both of t...

The Judge elected in respect of Slovenia, Vasilka Sancin, was formally sworn in in the Court's Main Hearing Room.  The judges are elected by the Parliamentary Assembly of the Council of Europe from lists of three candidates proposed by each State. They are elected for a non-renewable term of nine years. Although judges are elected in respect of a State, they hear cases as individuals and do not represent that State. They are totally independent and cannot engage in any activity that would be incompatible with their duty of independence and impartiality. Read as well:  Delays in national courts lead to violations of right to a fair trial (ECtHR)

Written by George Kazoleas, Lawyer in Cyprus The process of purchasing property in Cyprus differs significantly from the corresponding procedure in other countries. Crucially, the transfer of ownership in Cyprus is not subject to a notarial deed (there are no notaries in Cyprus), which necessitates particular attention and thorough due diligence on the part of the prospective buyer. Paradoxically, within the jurisdiction of the Republic of Cyprus, it is possible to sell a property that does not yet possess a title deed. This practice results in the distinction of property transfers into three (3) main categories: Purchase of property with immediate title deed transfer. Purchase of property via a Sale Agreement (Πωλητήριο Έγγραφο - POE). Purchase of property through the assignment of a Sale Agreement. Drafting and Depositing the Sale Agreement with the Land Registry The existence of a property's title deed represents the most secure option for the buyer, as it ensures th...

Nicosia, Cyprus – May 30, 2025 – A pivotal amendment to the Constitution of the Republic of Cyprus, specifically concerning the right to vote, has been officially published. Article 63 of the Constitution, which pertains to the right to elect, has been revised by virtue of "The Twentieth Amendment of the Constitution Law of 2025", published in the Official Gazette of the Republic on May 30, 2025. The amended Article 63 now reads as follows: "Subject to the provisions of the second paragraph of this Article, every citizen of the Republic who has completed their seventeenth year of age and possesses the residency qualifications prescribed by the electoral law shall be entitled to be registered as an elector either in the Greek or in the Turkish electoral roll. However, members of the Greek community shall be registered only in the Greek electoral roll, and members of the Turkish community only in the Turkish electoral roll. No one shall be entitled to be registered as a...

The European Public Prosecutor’s Office (EPPO) in Athens (Greece) brought additional charges today against 16 suspects – including 13 public officials - relating to the execution of contracts for restoring remote traffic control and signalling systems on the Greek rail network, co-funded by the EU.  Nine of these suspects had already been charged for other crimes in the sameinvestigation, and an additional seven new suspects were charged now. The EPPO investigation focuses on the contracts for restoring remote traffic control and signalling systems on the Greek rail network signed between ERGOSE – a subsidiary of the Hellenic Railways Organisation (OSE), responsible for the management of the contracts – and the Consortium Contractor, formed by two companies, responsible for the execution of the project.  One of the companies undertook to carry out the northern section of the project, while the second company undertook to carry out the project on the major part of the Athen...

The European Commission decided to refer Bulgaria to the Court of Justice of the European Union for incorrectly transposing rules on the right to a lawyer, while it called on Poland to correctly transpose EU rules on the right of access to a lawyer. The European Commission decided to refer Bulgaria (INFR(2024)2003) to the Court of Justice of the European Union for failing to correctly transpose into its national legislation the Directive on the right of access to a lawyer and to communicate upon arrest ( Directive 2013/48/EU ). This case concerned the notification of transposing measures and the completeness of the transposition that has to be addressed at a first stage of the monitoring by the Commission. Further issues were identified regarding the correctness of the transposition. In this respect, the Commission concluded that Bulgaria has incorrectly transposed the scope of the rights under the Directive. In addition, Bulgaria has incorrectly transposed measu...

The Council of Europe’s Committee of Ministers has adopted two new Recommendations to strengthen the protection of the rights and best interests of the child in  parental separation proceedings  and in  care proceedings . When parents separate or when a child’s family is unable to provide adequate care, even with appropriate support, authorities are often faced with decisions that have a significant impact on the child and those close to them. The consequences of such decisions can be life-changing and reach well beyond childhood. The two Recommendations aim to ensure that the best interests of the child are a primary consideration in all such decisions. Accompanied by detailed Explanatory Memoranda, these Recommendations provide national authorities with guidance to take into account all circumstances that may be relevant when assessing a child's best interests in proceedings relating to parental separation or care. They also ensure...

The European Court of Human Rights found that the delays of eight years and six months and seven years that applicants' cases had been pending before the Supreme Court had been excessive. In Chamber’s judgment in the case of ARB SHPK and Others v. Albania (applications nos. 39860/19, 38996/20, 6142/22 and 27370/22) the European Court of Human Rights held,unanimously, that there had been a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights as regards ARB SHPK’s and Mr Gazidedja’s applications, and a violation of Article 13 (right to an effective remedy) as regards Mr Gazidedja’s application. The case concerned alleged excessive length of proceedings in cases taken before the Albanian courts. The Court found in particular that the delays of eight years and six months and seven years that ARB SHPK’s cases had been pending before the Supreme Court had been excessive. Regarding Mr Gazidedja’s case, the Court noted that he had not received c...

In its Judgment dated 14/5/2025 in Case T-36/23 (Stevi and The New York Times v Commission), the General Court ruled that the Commission decision refusing a journalist of The New York Times access to the text messages exchanged between President von der Leyen and the CEO of Pfizer is annulled. By an application based on the Access to Documents Regulation, [1], Matina Stevi, a journalist working for the daily newspaper The New York Times, requested the European Commission to provide access to all text messages exchanged between President Ursula von der Leyen and Albert Bourla, the chief executive officer of Pfizer, between 1 January 2021 and 11 May 2022.  The Commission rejected that application on the ground that it did not hold the documents covered by it. Ms Stevi and The New York Times requested the General Court of the European Union to annul the Commission’s decision.  In its judgment, the General Court upholds the action and annuls the Commission’s decision. The Court re...

The Council of Europe Convention for the Protection of the Profession of Lawyer has been opened for signature on the occasion of the meeting of Council of Europe Foreign Ministers organised in Luxembourg on 13-14 May. This is the first-ever international treaty aimed at protecting the profession of lawyer in a context of increasing reports of attacks on the practice of the profession, whether in the form of harassment, threats or attacks, or interference with the exercise of professional duties. The  Convention  has been signed by Andorra, Estonia, France, Greece, Ireland, Italy, Lithuania, Luxembourg, Netherlands, North Macedonia, Norway, Poland and Sweden. Belgium, Iceland, the Republic of Moldova and the United Kingdom will sign it on 14 May. Lawyers play a key role in upholding the rule of law and securing access to justice for all, including to defend victims of possible human rights violations. Therefore, public confidence in justice s...

The Greek Data Protection Supervisory Authority imposed on a Bank, as Data Controller, an administrative fine of EUR 100,000 for violating the principles of accuracy, integrity, and confidentiality of data, and the principles of data protection by design and by default, in conjunction with Articles 32, 33, and 34 of the GDPR, as well as an administrative fine of EUR 20,000 for violating the complainants' right of access. Complaints were submitted to the Supervisory Authority of Greece against the National Bank of Greece for the incorrect linking of a complainant's bank account with the mobile phone number of another complainant in the “i-bank Pay application”, which resulted in money transfers, via “IRIS online payments service”, which were made to the first complainant's account instead of the second's.  In the context of the administrative audit conducted by the Authority, the Bank eventually identified that the issue was due to incorrect configuration during the ...

Written by George Kazoleas, Lawyer One of the greatest difficulties in the daily practice of lawyer’s profession is the relationship with other lawyers and more specifically the unethical conduct of some lawyers. Although in all legal systems of the civilized world there is a legal framework, the so-called codes of ethics among lawyers, I would venture to say that these are probably the most unenforceable rules in practice. While some unethical behaviors, like misappropriating client funds, directly harm clients, others affect the relationships between lawyers. Here are some examples: • Misleading or Deceitful Communication: Making false statements about a case, misrepresenting facts to opposing counsel, or concealing relevant information. For many lawyers, the end justifies the means, so deceiving and lying to the opposing lawyer are the most common means to "Success".  It happens to me all the time that opposing lawyers tell me one thing when we're alone, say anot...

In Chamber’s judgment in the case of Jewish Community of Thessaloniki v. Greece (application no. 13959/20) the European Court of Human Rights held, unanimously, that there had been a violation of Article 1 of Protocol No. 1 (protection of property) of the European Convention on Human Rights. The case concerned the dismissal in 2019 of the applicant community’s demand to be judicially recognised as the sole owner of a plot of land on the grounds that it had been categorised as “enemy property” after the end of the Second World War – although the ownership of the plot had been transferred to them in 1934. The Court found in particular that the Court of Cassation’s 2019 interpretation of the relevant domestic legislation and its application to this case had not been foreseeable. It was not reasonable to expect the applicant community to have known that the property which had already come under its ownership in 1934 would be affected in 1950 and 1955 by the legislation concerning enemy...

The European Climate, Environment and Infrastructure Executive Agency (CINEA) seeks to recruit  a Legal Adviser. The Agency fosters a culture of employee empowerment and engagement, emphasising collaboration, respect, integrity, trust. equality, diversity, and inclusion The Agency and its staff are committed to a number of core values including innovation, client focus, excellence, well-being, care, work-life balance, sustainability and working together. The European Climate, Environment and Infrastructure Executive Agency (CINEA) has been established by the European Commission to support stakeholders in delivering the European Green Deal through high-quality programme management that helps to implement projects contributing to decarbonisation and sustainable growth. CINEA implements parts of EU funding programmes for transport, energy, environment and climate action with strong focus on contributing to the European Commission's Green Deal priority. As a member of the Legal Sec...