TATO MARINHO DOS SANTOS COSTA ALVES DOS SANTOS AND FIGUEIREDO v. PORTUGAL - 9023/13 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2016] ECHR 573 (21 June 2016)

TATO MARINHO DOS SANTOS COSTA ALVES DOS SANTOS AND FIGUEIREDO v. PORTUGAL - 9023/13 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2016] ECHR 573 (21 June 2016)

The Supreme Court's review of disciplinary decisions by the CSM was insufficient in scope, as it did not allow for a substantive re-examination of the facts central to the applicants' cases, thereby violating Article 6 § 1 of the Convention.

Source-derived case information.

Citation
[2016] ECHR 573
Parties
Applicant: Sofia Tato Marinho dos Santos Costa Alves dos Santos; Applicant: Maria da Luz Figueiredo; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Judgment (merits and Just Satisfaction)
Outcome
Violation of Article 6 § 1 found; just satisfaction awarded.
Legal Topics
Right to a Fair Trial, Judicial Discipline, Independence and Impartiality of the Judiciary, Scope of Judicial Review
Human Rights Law Administrative Law Right to a Fair Trial Judicial Discipline Independence and Impartiality of the Judiciary Scope of Judicial Review

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Parties

Sofia Tato Marinho dos Santos Costa Alves dos Santos

Applicant

Maria da Luz Figueiredo

Applicant

Republic of Portugal

Respondent

Procedural Posture

European Court of Human Rights Application / Judgment (merits and Just Satisfaction)

  1. 1 Whether the scope of judicial review by the Supreme Court over disciplinary decisions of the CSM satisfied Article 6 § 1 of the Convention
  2. 2 Whether the Supreme Court was sufficiently independent and impartial in disciplinary proceedings against judges

Ratio Decidendi

The Supreme Court's review of disciplinary decisions by the CSM was insufficient in scope, as it did not allow for a substantive re-examination of the facts central to the applicants' cases, thereby violating Article 6 § 1 of the Convention.

Court Disposition

Violation of Article 6 § 1 found; just satisfaction awarded.

Orders

  • Portugal to pay each applicant 7,800 EUR for non-pecuniary damage within three months.
  • Portugal to pay the second applicant 5,876 EUR for costs and expenses within three months.