LegalPost.eu

11/6/2025: The representatives of the governments of the member states appointed a judge to the Court of Justice and seven judges to the General Court. First, Mr Marko Bošnjak (Slovenia) has been appointed judge to the Court of Justice as a replacement for Mr Marko Ilešic, who passed away, for the remainder of the term of office of the latter, which runs until 6 October 2027. Second, the appointments to the General Court are part of the partial renewal of its composition, since the terms of office of 26 judges will expire on 31 August 2025. In this context, Ms Raffaella Pezzuto (Italy) has been appointed judge to the General Court for a first term of office. The terms of office of Mr Johannes Laitenberger and Ms Gabriele Steinfatt (Germany), Ms Danute Jočienė  (Lithuania), Ms Maja Brkan and Mr Damjan Kukovec (Slovenia), and Mr Jörgen Hettne (Sweden) have been renewed. These appointme...

In   Chamber judgment dated 5.6.2025 in the case of Cioffi v. Italy (application no. 17710/15) the European Court of Human Rights held, unanimously, that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, concerning both the police ill-treatment of Mr Cioffi, and the subsequent investigation. The case concerned the taking of Mr Cioffi, then a trainee lawyer to a Naples police station, where he had suffered alleged ill-treatment at the hands of police officers, including being punched while on his knees, and verbal and physical abuse when he had attempted to request information. This took place against the background of the Global Forum on Reinventing Government in Naples in 2001. The Court found in particular that the facts of his ill-treatment by the police had been clearly established by the Italian courts, which had described it, among other terms, as “particularly odious”. It also held the su...

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...