PENGEZOV v. BULGARIA - 66292/14 (Remainder inadmissible : Third Section) French Text [2023] ECHR 773 (10 October 2023)

PENGEZOV v. BULGARIA - 66292/14 (Remainder inadmissible : Third Section) French Text [2023] ECHR 773 (10 October 2023)

The cumulative effect of insufficient procedural safeguards, lack of real motivation for the suspension, limited judicial review, and absence of independent control over the prosecutorial decision to indict resulted in a violation of Article 6 § 1. The suspension had serious repercussions on the applicant's private...

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Citation
[2023] ECHR 773
Parties
Applicant: Veselin Slavov Pengezov; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Violation of Article 6 § 1 and Article 8 of the Convention found
Legal Topics
Judicial Independence, Fair Trial, Suspension of Judges, Right to Private Life, Procedural Safeguards
Human Rights Administrative Law Employment Law Judicial Independence Fair Trial Suspension of Judges Right to Private Life Procedural Safeguards

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Parties

Veselin Slavov Pengezov

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the suspension of the applicant judge violated Article 6 § 1 (right to a fair trial) and Article 8 (right to respect for private life) of the European Convention on Human Rights
  2. 2 Whether the procedural safeguards and judicial review of the suspension decision were sufficient
  3. 3 Whether the applicant had access to effective remedies

Ratio Decidendi

The cumulative effect of insufficient procedural safeguards, lack of real motivation for the suspension, limited judicial review, and absence of independent control over the prosecutorial decision to indict resulted in a violation of Article 6 § 1. The suspension had serious repercussions on the applicant's private and professional life, was not proportionate, and lacked adequate guarantees against abuse, violating Article 8.

Court Disposition

Violation of Article 6 § 1 and Article 8 of the Convention found

Orders

  • The Court finds a violation of Article 6 § 1 (fair trial) and Article 8 (private life)
  • No violation found regarding the independence and impartiality of the Supreme Administrative Court