FERREIRA SANTOS PARDAL v. PORTUGAL - 30123/10 - Chamber Judgment (French Text) [2015] ECHR 746 (30 July 2015)

FERREIRA SANTOS PARDAL v. PORTUGAL - 30123/10 - Chamber Judgment (French Text) [2015] ECHR 746 (30 July 2015)

The Supreme Court's departure from established jurisprudence on state liability for judicial error, without a mechanism to resolve such divergence, created legal uncertainty and violated the applicant's right to a fair trial under Article 6 § 1 of the Convention.

Source-derived case information.

Citation
[2015] ECHR 746
Parties
Applicant: José Luís Ferreira Santos Pardal; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Violation of Article 6 § 1 of the Convention found; no compensation awarded for material or moral damages; claim for costs and expenses rejected.
Legal Topics
Right to a Fair Trial, Judicial Impartiality, State Liability for Judicial Error, Legal Certainty, Divergence of Jurisprudence, Directive 90/232/eec, Preliminary Reference Procedure
Human Rights Law Civil Procedure Constitutional Law European Union Law Right to a Fair Trial Judicial Impartiality State Liability for Judicial Error Legal Certainty +3 more

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Parties

José Luís Ferreira Santos Pardal

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the applicant was denied a fair trial due to contradictory Supreme Court jurisprudence on state liability for judicial error
  2. 2 Whether the lack of a mechanism to resolve jurisprudential divergence violated legal certainty under Article 6 § 1 of the Convention
  3. 3 Whether the Supreme Court's impartiality was compromised by ruling on its own alleged error

Ratio Decidendi

The Supreme Court's departure from established jurisprudence on state liability for judicial error, without a mechanism to resolve such divergence, created legal uncertainty and violated the applicant's right to a fair trial under Article 6 § 1 of the Convention.

Court Disposition

Violation of Article 6 § 1 of the Convention found; no compensation awarded for material or moral damages; claim for costs and expenses rejected.

Orders

  • The application is declared admissible.
  • It is held that there was a violation of Article 6 § 1 of the Convention due to breach of legal certainty.