DA CERVEIRA PINTO NADAIS DE VASCONCELOS v. PORTUGAL - 36335/13 (Judgment : Article 6 - Right to a fair trial : Fourth Section Committee) French Text [2019] ECHR 226 (19 March 2019)

DA CERVEIRA PINTO NADAIS DE VASCONCELOS v. PORTUGAL - 36335/13 (Judgment : Article 6 - Right to a fair trial : Fourth Section Committee) French Text [2019] ECHR 226 (19 March 2019)

The European Court of Human Rights found a violation of Article 6 § 1 ECHR because the applicant was taken by surprise by the domestic court's reliance on a discretionary power of the disciplinary authority—a ground not debated between the parties—thus breaching the principle of adversarial proceedings and the...

Source-derived case information.

Citation
[2019] ECHR 226
Parties
Applicant: Miguel Nuno da Cerveira Pinto Nadais de Vasconcelos; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits by Fourth Section Committee
Outcome
Violation of Article 6 § 1 ECHR found; just satisfaction awarded for costs and expenses only.
Legal Topics
Right to a Fair Trial, Disciplinary Proceedings, Principle of Adversarial Process, Prescription of Disciplinary Action
Human Rights Law Administrative Law Right to a Fair Trial Disciplinary Proceedings Principle of Adversarial Process Prescription of Disciplinary Action

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Parties

Miguel Nuno da Cerveira Pinto Nadais de Vasconcelos

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits by Fourth Section Committee

  1. 1 Whether the applicant's right to a fair trial under Article 6 § 1 ECHR was violated by the domestic court's reliance on a ground raised ex officio without adversarial debate
  2. 2 Whether the disciplinary action against the applicant was time-barred under domestic law

Ratio Decidendi

The European Court of Human Rights found a violation of Article 6 § 1 ECHR because the applicant was taken by surprise by the domestic court's reliance on a discretionary power of the disciplinary authority—a ground not debated between the parties—thus breaching the principle of adversarial proceedings and the fairness of the process.

Court Disposition

Violation of Article 6 § 1 ECHR found; just satisfaction awarded for costs and expenses only.

Orders

  • The respondent State must pay the applicant 1,256 EUR for costs and expenses within three months, plus any tax chargeable.
  • From the expiry of that period until settlement, simple interest at the marginal lending rate of the European Central Bank plus three percentage points is to be paid.