Posts

Can life be considered as a loss under the civil law of damages? Thoughts based on a decision of BGH in Germany

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by George Kazoleas, Lawyer LL.M. The majority of lawsuits against doctors allege medical errors that resulted in the death of patients or in other cases the deterioration of their health. A lawsuit filed a few years ago against a doctor in Germany involved an accusation against him of the opposite: That the doctor was responsible for prolonging the patient's life while he should have ended it. Facts of the case The patient, born in 1929, had been suffering from a dementia syndrome since 1997 and until his death in 2011 was under the supervision of an attorney, which included both his health and personal care. Since 2006 the patient has been living in a nursing home. During his stay in hospital in September 2006, he became ill due to malnutrition and with the consent of the lawyer, a catheter was inserted into him, through which he was artificially fed until his death. The defendant, a general doctor, began to care for the patient in the spring of 2007. The patient’s health deterior

Father was discriminated against by imposition of paternity judgment limiting his parental responsibility (ECtHR)

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The case of Paparrigopoulos v. Greece (application no. 61657/16) concerned proceedings for the judicial determination of paternity of the applicant’s daughter. The applicant complained in particular that domestic law had not afforded him the opportunity to acknowledge paternity voluntarily and that this had had the consequence of limiting his parental responsibility in respect of his daughter.  In Chamber's judgment dated 30.6.2022, the European Court of Human Rights unanimously found the following violations: 

Fine for contempt of court for telling a joke violated lawyer’s freedom of expression (ECtHR)

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In ECtHR judgment in the case of Simić v. Bosnia and Herzegovina (application no. 39764/20) the European Court of Human Rights held, unanimously, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights.  The case concerned a joke that the applicant, a lawyer, told in court to illustrate his criticism of the proceedings in which he was representing a client. As a result, he was fined for contempt of court. The Court found in particular that the domestic courts had failed to give sufficient weight to the context in which the joke and critical remarks had been made and had not provided relevant and sufficient reasons to justify the interference with the applicant’s right to freedom of expression. In particular, the applicant’s joke, made only in the courtroom and not to the media, had been meant as a criticism of the way in which the rules of evidence had been applied in the case he was defending and had not been intended to insult

The EU’s Data Act: Data protection must prevail to empower data subjects

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The European Data Protection Supervisor (EDPS) and the European Data Protection Board (EDPB) published their  Joint Opinion  on the proposed Data Act. The EDPS and EDPB welcome the efforts made to ensure that the Data Act does not affect the current data protection framework. At the same time, since the Data Act would also apply to highly sensitive personal data, the EDPS and EDPB urge the co-legislators to ensure that data subjects’ rights are duly protected. The access, use and sharing of personal data by entities other than data subjects should occur in full compliance with all data protection principles and rules. Moreover, products should be designed in such a way that data subjects are offered the possibility to use devices anonymously or in the least privacy intrusive way possible.

Anti-money laundering experts MONEYVAL publish 2021 report

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Governments need to step up their efforts and coordination to combat money laundering and terrorist financing by adopting stricter regulation and supervision of the virtual assets sector and the specialised “gatekeeper” professions, such as lawyers, accountants and other services providers who often help launderers, according to the Council of Europe’s anti-money laundering and counter-terrorist financing body  MONEYVAL . In its  annual report for 2021 , MONEYVAL examines the action required to improve the combat against money laundering. It also assesses compliance with international standards and developments in the legal and institutional frameworks to prevent money laundering and terrorist financing in the 34 jurisdictions it monitors.

Business Greenwashing Trap

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By Nicole K.Phinopoulou, Lawyer, Banking & Financial Services, LLB. LLM. LPC, CISL, University of Cambridge T Leaders around the world are reaffirming their commitment to accelerate measures to fight climate change. Similarly, Christine Lagarde, President of the European Central Bank (ECB), recently stated that the fight against climate change is on the agenda of ECB’s Governing Council on assessment and discussions when determining the monetary policy of the Euro-zone.

European Public Prosecutor’s Office investigates €5.4 billion worth of loss to the EU budget in its first 7 months of activity

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In its first annual report, the European Public Prosecutor’s Office (EPPO) gives an account of the first 7 months of its operational activity.  For the first time, statistics on EPPO operations per participating Member State, crime, seizures, number of indictments and other key figures are shared. While many expected a slow start followed by a gradual increase in activity, the EPPO worked at full speed from Day 1. The EPPO is a systemic part of the overall architecture put in place to protect EU taxpayers’ money.

The dangers of defending women accused of sorcery in Papua New Guinea

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In Papua New Guinea, defending women accused of sorcery, has become a life-threatening occupation. The UN and European Union run  Spotlight Initiative , is promoting legislation that will protect threatened human rights defenders in the country, who risk violence, torture, and death. 

UAE: Placement in FATF’s “Grey-list” and UK high risk third countries list

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By Christina Poursanidou, EU Qualified Lawyer and FCC Officer As presented by FATF’s Mutual Evaluation Report [1]  in early 2020, the UAE is exposed to significant ML and TF risks, due to its cash intensive economy, the large size of its financial sector, the expansion of the FFZs and the big volume of trade in gold and precious stones. Despite the significant improvements made by the UAE, there are still significant deficiencies and fundamental improvements are needed, in order to demonstrate that the system cannot be used for illegal purposes. Last month, UAE made a high-level political commitment to strengthen the effectiveness of its AML/CFT regime. Although, during March 2022 the seat of UAE in AML Compliance map was going to change significantly.

Migrant smuggler’s conviction, based on witness statements not examined at trial, was unfair (ECtHR)

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In Chamber judgment in the case of Al Alo v. Slovakia (application no. 32084/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 6 §§ 1 and 3 (d) (right to a fair trial/right to obtain attendance and examination of witnesses) of the European Convention on Human Rights. 

Editorial

Editorial
George Kazoleas, Lawyer