SYNDICAT NATIONAL DES JOURNALISTES AND OTHERS v. FRANCE - 41236/18 (Article 6 - Right to a fair trial : Fifth Section) French Text [2023] ECHR 1010 (14 December 2023)

SYNDICAT NATIONAL DES JOURNALISTES AND OTHERS v. FRANCE - 41236/18 (Article 6 - Right to a fair trial : Fifth Section) French Text [2023] ECHR 1010 (14 December 2023)

The regular, close, and remunerated professional relationships between three magistrates of the Court of Cassation and the party WKF created an objective appearance of bias. These judges should have recused themselves. The applicants' fears regarding impartiality were objectively justified, resulting in a violation...

Source-derived case information.

Citation
[2023] ECHR 1010
Parties
Applicant: Syndicat National des Journalistes (SNJ); Applicant: Syndicat National des Médias et de l'Écrit - CFDT (SNME-CFDT); Applicant: Union Générale des Ingénieurs, Cadres et Techniciens - CGT (UGICT-CGT); Respondent: France (Government)
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment on Merits
Outcome
Violation of Article 6 § 1 of the Convention found. Just satisfaction: only costs and expenses awarded; no damages for material or moral harm.
Legal Topics
Right to a Fair Trial, Judicial Impartiality, Conflict of Interest, Employee Participation, Corporate Restructuring
Human Rights Labour Law Judicial Ethics Right to a Fair Trial Judicial Impartiality Conflict of Interest Employee Participation Corporate Restructuring

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Parties

Syndicat National des Journalistes (SNJ)

Applicant

Syndicat National des Médias et de l'Écrit - CFDT (SNME-CFDT)

Applicant

Union Générale des Ingénieurs, Cadres et Techniciens - CGT (UGICT-CGT)

Applicant

France (Government)

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Merits

  1. 1 Whether the participation of three magistrates of the French Court of Cassation, who had professional, regular, and remunerated ties with one party (WKF), violated the applicants' right to an impartial tribunal under Article 6 § 1 of the Convention.

Ratio Decidendi

The regular, close, and remunerated professional relationships between three magistrates of the Court of Cassation and the party WKF created an objective appearance of bias. These judges should have recused themselves. The applicants' fears regarding impartiality were objectively justified, resulting in a violation of Article 6 § 1 of the Convention.

Court Disposition

Violation of Article 6 § 1 of the Convention found. Just satisfaction: only costs and expenses awarded; no damages for material or moral harm.

Orders

  • The application is declared admissible.
  • It is held that there has been a violation of Article 6 § 1 of the Convention.