VERSINI-CAMPINCHI AND CRASNIANSKI v. FRANCE - 49176/11 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section)) French Text [2016] ECHR 533 (16 June 2016)

VERSINI-CAMPINCHI AND CRASNIANSKI v. FRANCE - 49176/11 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section)) French Text [2016] ECHR 533 (16 June 2016)

The Court found that the interception, transcription, and use of the applicant's conversation in disciplinary proceedings constituted an interference with her Article 8 rights. This interference was 'foreseen by law' as French criminal procedure and case law provided sufficient clarity and foreseeability for a legal...

Source-derived case information.

Citation
[2016] ECHR 533
Parties
Applicant: Jean-Pierre Versini-Campinchi; Applicant: Tania Crasnianski; Respondent: Republic of France
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 8 ECHR (in respect of Tania Crasnianski); application inadmissible for Jean-Pierre Versini-Campinchi (time-barred).
Legal Topics
Right to Respect for Private Life and Correspondence, Attorney Client Privilege, Disciplinary Proceedings Against Lawyers, Interception of Communications, Secret Professionnel
Human Rights Law Criminal Procedure Professional Discipline Right to Respect for Private Life and Correspondence Attorney Client Privilege Disciplinary Proceedings Against Lawyers Interception of Communications Secret Professionnel

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 23 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jean-Pierre Versini-Campinchi

Applicant

Tania Crasnianski

Applicant

Republic of France

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether the interception and transcription of a conversation between an applicant (lawyer) and her client, and its use in disciplinary proceedings, violated Article 8 of the European Convention on Human Rights

Ratio Decidendi

The Court found that the interception, transcription, and use of the applicant's conversation in disciplinary proceedings constituted an interference with her Article 8 rights. This interference was 'foreseen by law' as French criminal procedure and case law provided sufficient clarity and foreseeability for a legal professional. The interference pursued legitimate aims (defence of order, prevention of crime). However, the Court held that the applicant did not have access to an effective judicial remedy to challenge the interception and transcription in the disciplinary context, as required by Article 8. The lack of effective control rendered the interference disproportionate and not...

Court Disposition

Violation of Article 8 ECHR (in respect of Tania Crasnianski); application inadmissible for Jean-Pierre Versini-Campinchi (time-barred).

Orders

  • France to pay Tania Crasnianski EUR 5,000 in respect of non-pecuniary damage.
  • France to pay EUR 5,000 for costs and expenses.