Richard TUHEIAVA v FRANCE - 25038/13 (inadmissible : monitoring and supervisory powers vested in Bar councils) French Text [2018] ECHR 751 (20 September 2018)

Richard TUHEIAVA v FRANCE - 25038/13 (inadmissible : monitoring and supervisory powers vested in Bar councils) French Text [2018] ECHR 751 (20 September 2018)

The Bar president's visit to the applicant's law office constituted an interference under Article 8 ECHR, but it was lawful, pursued legitimate aims, and was proportionate given the context and the absence of any breach of professional secrecy. The disciplinary proceedings were conducted fairly, with all evidence...

Source-derived case information.

Citation
[2018] ECHR 751
Parties
Applicant: Richard Tuheiava; Respondent: France
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Inadmissibility Decision
Outcome
application declared inadmissible
Legal Topics
Article 8 ECHR (right to Respect for Private and Family Life), Article 6 ECHR (right to a Fair Trial), Disciplinary Proceedings Against Lawyers, Monitoring and Supervisory Powers of Bar Councils
Human Rights Law Professional Regulation Article 8 ECHR (right to Respect for Private and Family Life) Article 6 ECHR (right to a Fair Trial) Disciplinary Proceedings Against Lawyers Monitoring and Supervisory Powers of Bar Councils

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Parties

Richard Tuheiava

Applicant

France

Respondent

Procedural Posture

Application to European Court of Human Rights / Inadmissibility Decision

  1. 1 Whether the visit by the Bar council's president to the applicant's law office violated Article 8 ECHR
  2. 2 Whether the use of information from the visit in disciplinary proceedings violated Article 6 ECHR

Ratio Decidendi

The Bar president's visit to the applicant's law office constituted an interference under Article 8 ECHR, but it was lawful, pursued legitimate aims, and was proportionate given the context and the absence of any breach of professional secrecy. The disciplinary proceedings were conducted fairly, with all evidence disclosed and debated, and the applicant had access to appeal mechanisms. Both complaints were manifestly ill-founded and inadmissible.

Court Disposition

application declared inadmissible

Orders

  • application rejected as manifestly ill-founded under Article 35 §§ 3(a) and 4 ECHR