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Protecting rights of children in parental separation and care proceedings: New Council of Europe recommendations

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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...

Delays in national courts lead to violations of right to a fair trial (ECtHR)

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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...

Access to documents: 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 (CJEU)

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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...

Convention for the Protection of the Profession of Lawyer has been opened for signature

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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...

Imposition of a fine on a bank in Greece for an incident of personal data breach

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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 ...

Lawyer vs. Lawyer: Confronting Unethical Conduct Within the Profession

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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...

Depriving the Jewish Community of Thessaloniki of its ownership of a plot of land acquired before the Second World War was not lawful (ECtHR)

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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...

Position of Legal Adviser in the European Climate, Environment and Infrastructure Executive Agency (CINEA)

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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...

New President of the European Court of Human Rights

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The European Court of Human Rights has elected on 28.4.2025 Mattias Guyomar, Judge elected in respect of France, as its new President.  Mattias Guyomar succeeds Marko Bošnjak, Judge elected in respect of Slovenia. He will take up office on 30 May 2025. Read his bio here Furthermore, the Judge elected in respect of Armenia, Vahe Grigoryan, was formally sworn in in the Court's Main Hearing Room on 28.4.2025. Read as well:  Interventions in Justice System and the role of Artificial Intelligence / article by Giorgos Kazoleas, Lawyer in Cyprus

EPPO appeals to the Court of Justice of the EU against the European Court of Auditors’ refusal to cooperate in a criminal investigation

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On 10 February 2025, the European Public Prosecutor’s Office (EPPO) filed an appeal (case number T-99/25) to the Court of Justice of the European Union, under Article 263, paragraph 4, TFEU, against the decision of the European Court of Auditors denying the request of the EPPO to allow a number of staff members of the Court of Auditors to testify in an ongoing criminal investigation.  The summary of the appeal has been published in the  Official Journal . At the end of 2022, based on a report from the European Anti-fraud Office (OLAF), the EPPO opened an investigation concerning individuals serving at the European Court of Auditors. The purpose of any EPPO investigation is to ascertain the accuracy of the reported facts, as well as their relevance as a criminal offence, by impartially gathering evidence for or against the person or persons under investigation. In order to be able to do that in this particular case, the EPPO has requested to the European Court of Auditors to ...