GRAMAXO ROZEIRA v. PORTUGAL - 21976/09 - Chamber Judgment (French Text) [2014] ECHR 71 (21 January 2014)

GRAMAXO ROZEIRA v. PORTUGAL - 21976/09 - Chamber Judgment (French Text) [2014] ECHR 71 (21 January 2014)

The failure to inform the applicant of the letter from the Prime Minister and its annexes, and to allow him to comment, violated Article 6 § 1 of the Convention, as it deprived him of the guarantees of a fair trial.

Source-derived case information.

Citation
[2014] ECHR 71
Parties
Applicant: Gustavo Jorge Gramaxo Rozeira; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Chamber Judgment
Outcome
Violation of Article 6 § 1 (right to fair trial) found; other complaints rejected as manifestly ill-founded.
Legal Topics
Right to Fair Trial, Access to Court, Judicial Procedure, Participation of Workers' Organizations, Communication of Evidence
Human Rights Constitutional Law Administrative Law Right to Fair Trial Access to Court Judicial Procedure Participation of Workers' Organizations Communication of Evidence

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Parties

Gustavo Jorge Gramaxo Rozeira

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to European Court of Human Rights / Chamber Judgment

  1. 1 Whether the non-communication of a letter from the Prime Minister to the Constitutional Court violated the applicant's right to a fair trial under Article 6 § 1 of the Convention
  2. 2 Whether the amount of legal costs and the duration of proceedings violated Article 6 § 1

Ratio Decidendi

The failure to inform the applicant of the letter from the Prime Minister and its annexes, and to allow him to comment, violated Article 6 § 1 of the Convention, as it deprived him of the guarantees of a fair trial.

Court Disposition

Violation of Article 6 § 1 (right to fair trial) found; other complaints rejected as manifestly ill-founded.

Orders

  • State must pay applicant €2,500 for costs and expenses within three months, plus any applicable taxes.
  • Interest at the marginal lending facility rate of the European Central Bank plus three percentage points applies after the deadline.