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by Giorgos Kazoleas, Lawyer LL.M. At the stage before concluding a loan agreement between the credit institution and the prospective borrower, the inequality regarding the negotiating power of the parties reaches its peak in order to complete the agreement. The pressure to agree on the contract clauses, which usually reflects the imbalance of rights and obligations between the two parties and while several of which are abusive, is not a neutral pressure, but the pressure of the financially and authoritatevely strong against the financially weak and mentally vulnerable. And this is despite the fact that the basic terms have previously been judged by case law or even legislated as abusive. One of the ways to avoid abuse by the credit institutions' position is the requirement of good faith, in the assessment of which, special attention must be paid to the negotiating power of both parties. It should be also assessed whether the consumer was motivated in any way to accept the clause

In its Grand Chamber judgment in the case of Abdi Ibrahim v. Norway (application no. 15379/16) 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 case concerned the decision by the Norwegian authorities to allow the adoption of a child by a foster family against his mother’s wishes. The mother, a Somali national who had moved to Norway, did not ask for her son’s return as he had spent a long time with his foster parents, but wished for him to maintain his cultural and religious roots.  The Court decided to examine the applicant’s wish to have her son brought up in line with her Muslim faith as an integral part of her complaint under Article 8, as interpreted and applied in the light of Article 9 (freedom of religion). It was not necessary to examine separately any alleged failures to comply with Article 9.  The Court pointed out that various in

This year’s  UN International Day for the Elimination of Violence against Women  (25 November) shines a spotlight on the digital dimension of violence against women and girls. From body shaming (mocking someone’s bodily shape, size, or appearance) and cyber-flashing (sending unsolicited sexual images online) to doxing (sharing online a target’s personal information without consent), the rapid development of information and communication technologies also facilitates new avenues for violence against women and girls, exposing them to more risks of being abused. In its first recommendation on the “ digital dimension ” of violence against women, the Council of Europe’s Group of Experts on Action against Violence against Women and Domestic Violence ( GREVIO ) defines and outlines the problem of both gender based violence against women committed online and technology-enabled attacks against women, such as legally obtainable tracking devices that enable perpetrators to stalk their victims.

The European Court of Human Rights (ECtHR) has ruled against Turkey on 23.7.2021 for the illegal pre-trial detention of 427 Turkish judges following the failed coup attempt in July 2016. The applicants are 427 Turkish nationals, all members of the Court of Cassation or the Supreme Administrative Court, or judges in lower courts or prosecutors at the time of the events giving rise to the applications.  The case concerns the arrest and pre-trial detention of the applicants, all of whom were sitting as judges or prosecutors at the time, in the aftermath of the military coup attempt of 15 July 2016, on suspicion of being members of an organisation described by the Turkish authorities as the “Fetullahist Terrorist Organisation / Parallel State Structure” (Fetullahçı Terör Örgütü / Paralel Devlet Yapılanması).  Relying on Article 5 § 1 (right to liberty and security), the applicants complain that they were placed in pre-trial detention in breach of the domestic law governing the arrest and p

In its Chamber judgment in the case of Marinoni v. Italy (application no. 27801/12) the European Court of Human Rights held, unanimously, that there had been no violation of Article 6 § 2 (presumption of innocence) of the European Convention on Human Rights, and no violation of Article 10 (freedom of expression).  The case concerned a finding of civil liability against the author of a book on account of two sets of remarks deemed by the Italian courts to be defamatory. The book included a reconstruction of the events preceding the summary execution of 43 captured soldiers of the Italian Social Republic (an episode known as the “strage di Rovetta”).  The historical account was overlaid with the author’s private and personal recollections centred on his family life. The applicant was acquitted in the criminal proceedings at first instance but was found civilly liable following an appeal by the civil parties.  The Court held that the domestic courts had not used language liable to cast do

European Ombudsman Emily O’Reilly has called for the EU’s access to documents law, which is twenty years old this year, to be updated to reflect the reality of modern communications. Speaking at a conference she is hosting today on the future of Regulation 1049/2001, Ms O’Reilly emphasised the importance of the law for enabling the public to hold the EU account, and called for its modernisation: “This cornerstone of EU transparency comes from a radically different era, predating many modern tools such as smartphones, instant messaging and big data. It needs to catch up with today’s reality while maintaining its core strengths. The law also needs to be aligned more closely with the citizen rights enshrined in the Lisbon Treaty, encourage greater pro-active transparency and take account of important case-law concerning transparent decision making. This is a core issue of good governance. It is about keeping public institutions accountable throughout the entire chain of EU decisio

The Council of Europe’s Department for the Execution of Judgments of the European Court of Human Rights has published a new  thematic factsheet  on cases related to migration and asylum.   The factsheet summarises measures reported by 23 member states to protect and further strengthen migration- and asylum-related rights in response to 66 different judgments from the ECHR. It covers topics including access to territory and forced returns, the reception and protection of migrants and asylum seekers, protection from discrimination and hate crime, family life and family reunification and the detention of migrants and asylum seekers. This is the eleventh in a series of  thematic factsheets  on changes to national law, policy and practice across Europe linked to the implementation of ECHR judgments. Previous factsheets cover constitutional matters, effective investigations, freedom of religion, the environment, the independence and impartiality of the judicial system, children’s rights, f

Rights in criminal proceedings: European Commission calls on Estonia , Greece, Hungary, Lithuania, Luxembourg and Portugal to ensure correct transposition of EU rules on the right of access to a lawyer and to communicate upon arrest. The Commission has decided to open infringement proceedings against Estonia, Greece, Hungary, Lithuania, Luxembourg and Portugal by sending letters of formal notice for failing to correctly transpose EU rules on access to a lawyer and the right to communicate upon arrest ( Directive(EU) 2013/48 ). The Directive is part of the EU's legal framework on common minimum standards for fair trials ensuring that the  rights of suspects and accused persons  are sufficiently protected. The Commission considers that certain national transposition measures notified by the six Member States fall short of the requirements of the Directive. In particular, this includes possible derogations from the right of access to a lawyer as well as derogations from the right to

A year after the Polish Constitutional Tribunal’s ruling, members of the European Parliament are calling on the government to lift the ban on abortion that puts women’s lives at risk. Over the last 10 months, only 300 Polish women accessed abortion services in hospitals on the grounds of a threat to life and health. Last September, a 30-year-old Polish woman died of septic shock because her doctors did not perform a life-saving abortion, waiting instead for the foetus to die because of the restrictions on legal abortions in Poland. In a resolution adopted on Thursday by 373 votes in favour, 124 against and 55 abstentions, MEPs call on the Polish government to ensure that no more women in Poland die because of this restrictive law. They reiterate their strong condemnation of the illegitimate Constitutional Tribunal’s ruling of 22 October 2020 imposing a near-total ban on abortion and putting women’s health and lives at risk. They urge the Polish government to swiftly and fully guarant

In its Chamber judgment of 8.11.2021 in the case of Dolińska-Ficek and Ozimek v. Poland (application nos. 49868/19 and 57511/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights. The case concerned complaints brought by two judges that the Chamber of Extraordinary Review and Public Affairs of the Supreme Court, which had decided on cases concerning them, had not been a “tribunal established by law” and had lacked impartiality and independence. They complained in particular that the Chamber of Extraordinary Review and Public Affairs, one of two newly created chambers of the Supreme Court, had been composed of judges appointed by the President of Poland on the recommendation of the National Council of the Judiciary (“the NCJ”), the constitutional organ in Poland which safeguards the independence of courts and judges and which has been the subject of controversy s

By George Kazoleas, Lawyer LL.M. The proposed European Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937, published in September 2020, introduces new legislation on crypto-assets (a digital representation of values or rights that can be stored and traded electronically). The purpose of the proposed regulation is to safeguard financial stability as well as to protect investors from potential risks. The new regulation aims to provide legal clarity and legal certainty for crypto-asset issuers and providers. It is also noted that the new rules will allow operators authorised in one Member State to provide their services across the EU ("passporting"). One of the regulated areas of the proposed legislation is the activity of crypto advisors. Any person that provides crypto-asset services on a professional basis should be considered as a ‘crypto-asset service provider’. Providing advice on crypto-assets is explicitly part of the meaning  of ‘crypto-as