RAMOS NUNES DE CARVALHO E SA v. PORTUGAL - 55391/13 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) [2016] ECHR 555 (21 June 2016)

RAMOS NUNES DE CARVALHO E SA v. PORTUGAL - 55391/13 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) [2016] ECHR 555 (21 June 2016)

The Court held that the disciplinary proceedings against the applicant violated Article 6 § 1 of the Convention. The composition of the Portuguese High Council for the Judiciary (CSM), with a majority of non-judicial members appointed by political bodies and no legal requirement for their legal qualifications,...

Source-derived case information.

Citation
[2016] ECHR 555
Parties
Applicant: Paula Cristina Ramos Nunes de Carvalho e Sá; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights (joined Applications Nos. 55391/13, 57728/13, 74041/13) / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 6 § 1 of the European Convention on Human Rights (right to a fair trial)
Legal Topics
Right to a Fair Trial, Judicial Independence, Impartial Tribunal, Disciplinary Proceedings Against Judges, Public Hearing Requirement
Human Rights Law Administrative Law Judicial Discipline Right to a Fair Trial Judicial Independence Impartial Tribunal Disciplinary Proceedings Against Judges Public Hearing Requirement

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 5 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Paula Cristina Ramos Nunes de Carvalho e Sá

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to the European Court of Human Rights (joined Applications Nos. 55391/13, 57728/13, 74041/13) / Judgment (merits and Just Satisfaction)

  1. 1 Whether the disciplinary proceedings against the applicant, a judge, violated Article 6 § 1 of the European Convention on Human Rights regarding the right to a fair trial by an independent and impartial tribunal, the right to a public hearing, and the right to adequate information and facilities for defence.

Ratio Decidendi

The Court held that the disciplinary proceedings against the applicant violated Article 6 § 1 of the Convention. The composition of the Portuguese High Council for the Judiciary (CSM), with a majority of non-judicial members appointed by political bodies and no legal requirement for their legal qualifications, failed to provide sufficient guarantees of independence and impartiality. The Supreme Court's review was limited to legality and did not allow for a full re-examination of facts or the proportionality of the sanction. The absence of a public hearing further breached the applicant's right to a fair trial.

Court Disposition

Violation of Article 6 § 1 of the European Convention on Human Rights (right to a fair trial)

Orders

  • Portugal to pay the applicant EUR 3,500 in respect of non-pecuniary damage.
  • Portugal to pay the applicant EUR 6,000 in respect of costs and expenses.