ZAMFIRESCU v. ROMANIA - 14132/14 (Judgment : Right to respect for private and family life : Fourth Section Committee) French Text [2021] ECHR 418 (18 May 2021)

ZAMFIRESCU v. ROMANIA - 14132/14 (Judgment : Right to respect for private and family life : Fourth Section Committee) French Text [2021] ECHR 418 (18 May 2021)

The surveillance and search measures were excessively intrusive and prolonged, exposing intimate aspects of the applicant's private life without sufficient justification or safeguards, thus violating Article 8. The criminal proceedings, considered as a whole, were fair and did not violate Article 6, as the applicant...

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Citation
[2021] ECHR 418
Parties
Applicant: Ciprian-Calin Zamfirescu; Respondent: Romanian Government
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
Violation of Article 8; No violation of Article 6; No satisfaction awarded.
Legal Topics
Right to Respect for Private and Family Life, Fair Trial, Surveillance, Search and Seizure, Trafic D'influence
Human Rights Criminal Law Right to Respect for Private and Family Life Fair Trial Surveillance Search and Seizure Trafic D'influence

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Parties

Ciprian-Calin Zamfirescu

Applicant

Romanian Government

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the surveillance and search of the applicant's workplace violated Article 8 (right to respect for private and family life)
  2. 2 Whether the criminal proceedings violated Article 6 (right to a fair trial)

Ratio Decidendi

The surveillance and search measures were excessively intrusive and prolonged, exposing intimate aspects of the applicant's private life without sufficient justification or safeguards, thus violating Article 8. The criminal proceedings, considered as a whole, were fair and did not violate Article 6, as the applicant had adequate opportunity to challenge evidence and the refusal of counter-expertise and full access to recordings was justified.

Court Disposition

Violation of Article 8; No violation of Article 6; No satisfaction awarded.

Orders

  • Application declared admissible
  • Violation of Article 8 found