STANCIULESCU v. ROMANIA - 5998/03 - Committee Judgment (French Text) [2013] ECHR 661 (09 July 2013)

STANCIULESCU v. ROMANIA - 5998/03 - Committee Judgment (French Text) [2013] ECHR 661 (09 July 2013)

The Supreme Court of Justice's decision of 17 September 2002 was arbitrary and singular, lacking explanation for departing from its consistent case law, resulting in a violation of the applicant's right to a fair trial under Article 6 § 1 ECHR due to legal uncertainty and unequal treatment.

Source-derived case information.

Citation
[2013] ECHR 661
Parties
Applicant: Marin Stănciulescu; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment After Full Hearing
Outcome
Violation of Article 6 § 1 ECHR found; partial award of just satisfaction; other claims rejected.
Legal Topics
Right to a Fair Trial, Judicial Consistency, Access to Legal Profession
Human Rights Law Civil Procedure Right to a Fair Trial Judicial Consistency Access to Legal Profession

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Parties

Marin Stănciulescu

Applicant

Government of Romania

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment After Full Hearing

  1. 1 Whether the applicant's right to a fair trial under Article 6 § 1 ECHR was violated due to inconsistent jurisprudence of the Supreme Court of Justice regarding access to the legal profession without examination.

Ratio Decidendi

The Supreme Court of Justice's decision of 17 September 2002 was arbitrary and singular, lacking explanation for departing from its consistent case law, resulting in a violation of the applicant's right to a fair trial under Article 6 § 1 ECHR due to legal uncertainty and unequal treatment.

Court Disposition

Violation of Article 6 § 1 ECHR found; partial award of just satisfaction; other claims rejected.

Orders

  • Application declared admissible as to Article 6 § 1 legal certainty complaint and inadmissible as to the rest.
  • Violation of Article 6 § 1 ECHR declared.