CALIGIURI AND OTHERS v. ITALY - 657/10 27897/10 27908/10 64297/10 - Chamber Judgment (French Text [2014] ECHR 910 (09 September 2014)

CALIGIURI AND OTHERS v. ITALY - 657/10 27897/10 27908/10 64297/10 - Chamber Judgment (French Text [2014] ECHR 910 (09 September 2014)

The legislative intervention, which retroactively resolved the dispute in favor of the State and deprived applicants of recognition of their service seniority, was not justified by imperative reasons of public interest and imposed an abnormal and excessive burden on the applicants, violating their right to a fair...

Source-derived case information.

Citation
[2014] ECHR 910
Parties
Applicant: Raffelina Caligiuri et autres (voir tableau récapitulatif ci-annexé et la liste des requérants); Respondent: République italienne
Jurisdiction
European Union
Procedural Posture
Chamber Judgment (european Court of Human Rights) / Final Judgment
Outcome
Violation found of Article 6 § 1 and Article 1 of Protocol No. 1; partial inadmissibility for other claims; compensation for costs and expenses only.
Legal Topics
Right to Fair Trial, Protection of Property, Retroactive Legislation, Discrimination, Effective Remedy
Human Rights Law Labour Law Administrative Law Right to Fair Trial Protection of Property Retroactive Legislation Discrimination Effective Remedy

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Parties

Raffelina Caligiuri et autres (voir tableau récapitulatif ci-annexé et la liste des requérants)

Applicant

République italienne

Respondent

Procedural Posture

Chamber Judgment (european Court of Human Rights) / Final Judgment

  1. 1 Whether legislative intervention during pending proceedings violated the right to a fair trial under Article 6 of the Convention
  2. 2 Whether retroactive application of law deprived applicants of property contrary to Article 1 of Protocol No. 1
  3. 3 Whether applicants suffered discrimination under Article 14

Ratio Decidendi

The legislative intervention, which retroactively resolved the dispute in favor of the State and deprived applicants of recognition of their service seniority, was not justified by imperative reasons of public interest and imposed an abnormal and excessive burden on the applicants, violating their right to a fair trial and protection of property.

Court Disposition

Violation found of Article 6 § 1 and Article 1 of Protocol No. 1; partial inadmissibility for other claims; compensation for costs and expenses only.

Orders

  • Joins the applications for joint examination.
  • Declares applications 27897/10, 27908/10, 64297/10 admissible under Articles 6 § 1 and 1 of Protocol No. 1.