3 cases against Romania - 19997/02 [2011] ECHR 1285 (8 June 2011)

3 cases against Romania - 19997/02 [2011] ECHR 1285 (8 June 2011)

The European Court found that the domestic courts' failure to provide sufficient reasoning for their decisions in insult and defamation cases violated the applicants' right to a fair trial under Article 6(1), and in two cases, also unjustifiably interfered with their freedom of expression under Article 10.

Citation
[2011] ECHR 1285
Parties
Applicant: Boldea; Applicant: Folea; Applicant: Rache and Ozon; Respondent: Romania
Jurisdiction
European Union
Judgment Date
08 June 2011
Procedural Posture
European Court of Human Rights Judgment Execution / Post Judgment Supervision and Closure
Outcome
Supervision closed; Romania found to have complied with execution of judgments.
Legal Topics
Fair Trial, Freedom of Expression, Defamation, Insult, Criminal Procedure, Civil Damages
Human Rights Law Criminal Law Civil Law Fair Trial Freedom of Expression Defamation Insult Criminal Procedure +1 more

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Parties

Boldea

Applicant

Folea

Applicant

Rache and Ozon

Applicant

Romania

Respondent

Procedural Posture

European Court of Human Rights Judgment Execution / Post Judgment Supervision and Closure

Legal Issues

  1. 1 Whether the lack of sufficient reasoning in domestic court judgments for insult and defamation violated Article 6(1) (right to a fair trial) and Article 10 (freedom of expression) of the European Convention on Human Rights.

Ratio Decidendi

The European Court found that the domestic courts' failure to provide sufficient reasoning for their decisions in insult and defamation cases violated the applicants' right to a fair trial under Article 6(1), and in two cases, also unjustifiably interfered with their freedom of expression under Article 10.

Court Disposition

Supervision closed; Romania found to have complied with execution of judgments.

Orders

  • No further individual measures required for Boldea and Rache and Ozon.
  • Individual measures in Folea fully remedied consequences of violations.