MARINA v. ROMANIA - 50469/14 (Judgment : Right to respect for private and family life : Fourth Section) French Text [2020] ECHR 345 (26 May 2020)

MARINA v. ROMANIA - 50469/14 (Judgment : Right to respect for private and family life : Fourth Section) French Text [2020] ECHR 345 (26 May 2020)

The Court found that the national authorities failed to provide sufficient protection for the applicant's right to private life and reputation under Article 8. The domestic courts did not properly balance the applicant's rights against the freedom of expression, as the broadcast did not contribute to a debate of...

Source-derived case information.

Citation
[2020] ECHR 345
Parties
Applicant: Viorel Marina; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 8; No violation of Article 6 § 1
Legal Topics
Right to Respect for Private and Family Life, Protection of Reputation, Freedom of Expression, Positive Obligations of the State, Impartiality of Tribunal
Human Rights Law Civil Law Media Law Right to Respect for Private and Family Life Protection of Reputation Freedom of Expression Positive Obligations of the State Impartiality of Tribunal

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Parties

Viorel Marina

Applicant

Government of Romania

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the national authorities failed to protect the applicant's right to reputation and private life under Article 8 of the Convention
  2. 2 Whether the tribunal that heard the applicant's case lacked impartiality under Article 6 § 1 of the Convention

Ratio Decidendi

The Court found that the national authorities failed to provide sufficient protection for the applicant's right to private life and reputation under Article 8. The domestic courts did not properly balance the applicant's rights against the freedom of expression, as the broadcast did not contribute to a debate of general interest and involved the disclosure of private information and insults without consent or verification. The Court found no violation of Article 6 § 1 regarding tribunal impartiality, as the applicant's concerns were not objectively justified.

Court Disposition

Violation of Article 8; No violation of Article 6 § 1

Orders

  • Romania to pay the applicant EUR 4,500 in respect of non-pecuniary damage
  • Romania to pay EUR 1,500 in respect of costs and expenses