Kita against Poland - 57659/00 [2011] ECHR 2185 (2 December 2011)

Kita against Poland - 57659/00 [2011] ECHR 2185 (2 December 2011)

The violation of Article 10 ECHR was established due to domestic court decisions restricting freedom of expression in the context of local elections; payment of just satisfaction and legislative amendment to the Local Elections Act were sufficient to remedy the violation.

Citation
[2011] ECHR 2185
Parties
Applicant: Kita; Respondent: Poland
Jurisdiction
European Union
Judgment Date
02 December 2011
Procedural Posture
Application to the European Court of Human Rights / Execution of Judgment and Closure by Committee of Ministers
Outcome
Case closed; execution of judgment completed.
Legal Topics
Freedom of Expression, Article 10 ECHR, Execution of Judgments, Local Elections Act
Human Rights Law Constitutional Law Freedom of Expression Article 10 ECHR Execution of Judgments Local Elections Act

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Parties

Kita

Applicant

Poland

Respondent

Procedural Posture

Application to the European Court of Human Rights / Execution of Judgment and Closure by Committee of Ministers

Legal Issues

  1. 1 Whether the applicant's right to freedom of expression under Article 10 ECHR was violated by domestic court decisions in summary proceedings based on the Local Elections Act.

Ratio Decidendi

The violation of Article 10 ECHR was established due to domestic court decisions restricting freedom of expression in the context of local elections; payment of just satisfaction and legislative amendment to the Local Elections Act were sufficient to remedy the violation.

Court Disposition

Case closed; execution of judgment completed.

Orders

  • Payment of just satisfaction to applicant.
  • No further individual measures required.