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Implementing ECHR judgments: New thematic factsheet on judicial independence

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The Department for the Execution of Judgments of the European Court of Human Rights (ECHR) has published a new factsheet focusing on cases related to the independence and impartiality of the judicial system. The factsheet summarises measures reported by 21 member states to safeguard and reinforce the independence and impartiality of their national judicial systems in response to ECHR judgments concerning the right to a fair trial. It includes a section on the independence and impartiality of prosecutors, which form an integral part of European judicial systems. This is the fifth in a series of  thematic factsheets  on the implementation of ECHR judgments. Previous examples cover constitutional matters, effective investigations into death or ill-treatment caused by the security forces, freedom of religion and the environment. Some of the factsheets are available in other languages in addition to English and French. (coe.int) The factsheet "INDEPENDENCE AND IMPARTIALITY OF THE JUD

Artificial intelligence in justice systems : Αn inevitable revolution is coming

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By George Kazoleas, Lawyer LL.M. The digitization of justice and the increasing use of forms of e-justice by legal systems is not only a reality but also a necessity that arose from the unprecedented conditions created and continues to create the covid-19 pandemic. An admittedly more advanced area of digitalisation of justice is artificial intelligence in judicial systems, which, as many experts predict, is the sure future in the way justice is administered. Ιn this matter, the Council of EU [1]  notes that the deployment of artificial intelligence systems in the justice sector is already being researched and developed in the EU and that the practical implementation of such systems is already imminent in some Member States. The Council also notes that a sufficient level of digitalisation is also a prerequisite for the use of artificial intelligence applications. It is also emphasized, that artificial intelligence systems in the justice sector may in the future be capable of performing

First female Registrar in the history of the ECHR: Swearing-in ceremony

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Marialena Tsirli, first female Registrar in the history of the European Court of Human Rights, elected on 7 September 2020 for a five-year term of office, was sworn in on 30 November 2020. Article 17 of the Rules of Court governs the Registrar’s functions. The Registrar has overall responsibility for both the administrative and the judicial activities of the Registry under the authority of the President of the Court. Marialena Tsirli succeeded Roderick Liddell, who has been Registrar of the Court since 1 December 2015. A Greek national, born in 1967 in Thessaloniki, Marialena Tsirli studied law at the National and Kapodistrian University of Athens and holds a master’s degree and a doctorate from the Robert Schuman University of Strasbourg. She was legal officer (1994-1998) in the Secretariat of the former European Commission of Human Rights. Within the Registry of the European Court of Human Rights, she served successively as legal officer (1998-2004), Head of Division (2004-2010

Money laundering scandals of high profile European banks during the first half of 2020

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By Christina Poursanidou, Lawyer /  Legal and Compliance Officer  During 2019, the total number of fines imposed globally for violation of money laundering regulations was estimated to €370 million. Strangely enough, such fines did not worry bank CEOs and boards, which instead of improving their anti-money laundering (AML) procedures, keep on operating with insufficient due diligence standards, improper management of AML measures and   poor transaction monitoring. The result?   €600 million in AML monetary penalties within the first six months of 2020. Within the context of the European Union, during 2020 National Financial Supervisors have imposed heavy fines to a number of credit institutions, such as Skandinaviska Enskilda Banken AB , known as SEB   (€125 million), Deutsche Bank (€13.5 million), Commerzbank (€41 million) and Swedbank (€320 Million). These money laundering cases involving high-profile EU financial institutions have highlighted that the EU’s approach to combatti

The civil courts did not violate the right of access to a court by refusing a document which had not been submitted in accordance with the Code of Civil Procedure

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In Chamber judgment in the case of Efstratiou and Others v. Greece (application no. 53221/14) the European Court of Human Rights held, unanimously, that there had been no violation of Article 6 (right to a fair trial / right of access to a court) of the European Convention on Human Rights. The applicants in this case considered that the refusal by the court of appeal and the Court of Cassation to take account of evidence which they considered as decisive for the outcome of the case had been excessively formalistic. Those courts had considered that the documents in question had not been presented to the court of appeal in accordance with the requirements of Article 240 of the Greek Code of Civil Procedure. The Court held, in particular, that the statement given by a witness for the applicants at the hearing before the court of appeal, had fairly accurately reflected the substance of the document (a sworn statement), which the court of appeal had dismissed on the grounds that it ha

First judgment of the ECHR: Lawless v. Ireland

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60 years ago, on 14 November 1960, the Court delivered its first judgment, Lawless v. Ireland, with René Cassin as its President. The judgment concerned preliminary objections and procedural questions regarding the application, on which a judgment on the merits was delivered the following year. Since its inauguration the Court has delivered 23,291 judgments on just over 51,650 applications. The case was filed by Gerard Richard Lawless, who had been an IRA member, although he claimed to have left the IRA. He was arrested on 11 July 1957, as he was about to travel to Great Britain from Ireland, and subsequently detained under the special powers of indefinite detention without trial under the Offences against the State (Amendment) Act 1940. The case was filed by Lawless for violation, by the Irish Government, of Articles 5, 6 and 7 of the European Convention of Human Rights, providing rights to liberty and security, fair trial and the principle of 'no punishment without law'

Three people sentenced to prison in Italy following the revelation of a complex scam with EU funds

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Three persons have been sentenced to prison by the court of first instance (tribunal) in Genoa, Italy, as a judicial follow-up to an operation run by the European Anti-Fraud Office (OLAF) and the Italian Guardia di Finanza. The operation’s code-name was ‘Paper Castle’. Ended roughly two years ago, it had uncovered a fraud scheme that stretched over several EU Member States and involved a set of companies, some of which only existed on paper. €1.4 million were defrauded from EU funds intended to develop hovercraft prototypes – that is, emergency nautical vehicles able to reach remote areas in case of environmental accidents. Part of the money was used to pay the mortgage on an actual castle. Last month, two people were sentenced to several years of imprisonment for the fraud scheme. The accountant who had helped create a system of fictitious companies that went from Italy to London in the UK and to Delaware (U.S.) will also have to face jail, the court ruled. With the paper castle d

The role of associations of judges in supporting judicial independence

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In a new Opinion on “ The role ofassociations of judges in supporting judicial independence ”, the Council of Europe’s Consultative Council of European Judges (CCJE) calls upon member States to provide a framework within which the right of judges to associate can be effectively exercised, and to refrain from any interventions which might infringe the independence of the associations of judges. The CCJE notes that a great variety of judges’ associations exist in Europe, in relation to their aims, the size of their membership, and the qualifications for membership. However, a common feature for them all is that they are self-governing non-profit organisations whose most important and overarching objectives are to establish and defend the independence of judges, to safeguard their status and, to ensure adequate working conditions for judges. In this way, the associations help foster and improve the rule of law. The CCJE also notes that associations of judges should be closely involved i

70 years of the European Convention on Human Rights

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The European Convention on Human Rights, signed in Rome on 4 November 1950, was the first instrument to crystallise and give binding effect to the rights set out in the Universal Declaration of Human Rights.  It lays down absolute rights which can never be breached by the States, such as the right to life or the prohibition of torture, and it protects certain rights and freedoms which can only be restricted by law when necessary in a democratic society, for example the right to liberty and security or the right to respect for private and family life. A number of rights have been added to the initial text with the adoption of additional protocols, concerning in particular the abolition of the death penalty, the protection of property, the right to free elections or freedom of movement. (ECHR) The updated text of the Convention is available here

Money laundering in the time of Covid-19

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By Christina Poursanidou, Lawyer The rapid and massive spread of the Covid-19 around the world had a dramatic effect on both global health and economy. At a time when governments were focusing on designing the most effective measures to prevent the spread of the Coronavirus and all other sectors have been suspended, financial crime and especially money laundering was "blooming". Despite the fact that both the European Commission and Financial Crimes Enforcement Network (FinCEN) had warned competent authorities, credit institutions and other obliged entities of the increased volume of money laundering during similar crises in the past, the latter did not act accordingly. Ongoing criminal investigations in banks were suspended, many countries such as the United Kingdom have extended the deadlines for submitting Annual Company Accounts, while other have relaxed supervision, reporting deadlines and due diligence requirements. These decisions had as a result the lack of transpar

EU Legal Framework for Markets in Crypto-assets & Introducing Stablecoins. What’s next?

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Article By Paris Hadjipanayis, Lawyer The European Commission has recently issued a draft proposal [ https://ec.europa.eu/finance/docs/law/200924-crypto-assets-proposal_en.pdf ] for a potential and upcoming Regulation of the European Parliament and of the Council on Markets in crypto-assets (MiCA) with the purpose of creating a legal framework within the European Union in its effort to assert certainty by establishing uniform rules on crypto-assets service providers and issuers on EU level currently not covered under existing financial services legislation. The goal would be to surpass numerous challenges encountered by investors and Service Providers on a transnational level that may be limited by limitations presented by different requirements for transparency and disclosure in relation to issuance and offering purposes imposed on crypto-assets by domestic legislation by each Member State. The proposed Regulation is divided in seven titles. Among the provisions which set up the sub

Editorial

Editorial
George Kazoleas, Lawyer