ALBUQUERQUE FERNANDES v. PORTUGAL - 50160/13 (Judgment : Remainder inadmissible : Fourth Section) French Text [2021] ECHR 6 (12 January 2021)

ALBUQUERQUE FERNANDES v. PORTUGAL - 50160/13 (Judgment : Remainder inadmissible : Fourth Section) French Text [2021] ECHR 6 (12 January 2021)

The Court found that the applicant had access to a constitutional court and that the procedural requirements applied by the Portuguese courts did not amount to excessive formalism. The applicant was able to present her arguments and was not deprived of effective access to a tribunal. There was no violation of...

Source-derived case information.

Citation
[2021] ECHR 6
Parties
Applicant: Cristina Maria Albuquerque Fernandes; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment on Admissibility and Merits
Outcome
Remainder of the application declared inadmissible; no violation found
Legal Topics
Right to a Fair Trial, Access to a Court, Judicial Discipline, Procedural Fairness, Constitutional Review
Human Rights Law Constitutional Law Administrative Law Right to a Fair Trial Access to a Court Judicial Discipline Procedural Fairness Constitutional Review

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Parties

Cristina Maria Albuquerque Fernandes

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Admissibility and Merits

  1. 1 Whether the applicant's right of access to a court under Article 6 § 1 of the Convention was violated in disciplinary proceedings resulting in compulsory retirement
  2. 2 Whether the procedural requirements for notification of applicable sanctions in disciplinary proceedings against judges under Portuguese law are compatible with the Convention

Ratio Decidendi

The Court found that the applicant had access to a constitutional court and that the procedural requirements applied by the Portuguese courts did not amount to excessive formalism. The applicant was able to present her arguments and was not deprived of effective access to a tribunal. There was no violation of Article 6 § 1 of the Convention.

Court Disposition

Remainder of the application declared inadmissible; no violation found