In today’s Chamber judgment in the case of Magyarországi Evangéliumi Testvérközösség v. Hungary (application no. 54977/12) the European Court of Human Rights dealt with the question of just satisfaction (Article 41) following a judgment delivered in 2014 on religious communities’ loss of full church status. Den Rest des Beitrags lesen
ECHR: Hungary must pay just satisfaction to religious community for removing its church status
25. April 2017 — Ass. iur. Klaus KohnenEGMR: Forthcoming judgment on Tuesday 25 April 2017 – Magyarországi Evangéliumi Testvérközösség v. Hungary (no. 54977/12)
20. April 2017 — Ass. iur. Klaus KohnenThe case concerns the question of just satisfaction following a judgment on the new Hungarian Church Act and religious communities’ loss of full church status. Den Rest des Beitrags lesen
EGMR: Taxes and fees imposed by German churches did not violate religious freedom
6. April 2017 — Ass. iur. Klaus KohnenUnder German law, some churches and religious societies are entitled to levy a church tax and/or fee on their members. The five applicants complained that, when such taxes or fees were calculated and levied on the basis of the joint income of both the applicant and their spouse, it violated their right to freedom of religion. In particular, they complained variously of being obliged to pay for their spouse’s special church fee when they themselves were not a member of the church; of requiring the financial assistance of their spouse to pay their own special church fee, making them dependant on their spouse for their freedom of religion; or of being obliged to pay an unfairly high church tax, as it had been calculated taking their spouse’s income into account. Some applicants also complained that the taxes or fees had been discriminatory. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Thursday 6 April 2017 – Klein and Others v. Germany (nos. 10138/11, 16687/11, 25359/11 and 28919/11)
31. März 2017 — Ass. iur. Klaus KohnenThe applicants, Jörg Max Klein, Fritz Nussbaum, Philip Redeker and Heike Redeker, and Uta Gloeckner, were born in 1964, 1935, 1963, 1965, and 1963 respectively and live in Heidelberg, Sulzbach-Rosenberg, Gera, and Nuremberg (Germany). The case concerns applications by five German nationals about the levying of church taxes or special church fees. Den Rest des Beitrags lesen
EGMR: Genov v. Bulgaria (application no. 40524/08)
23. März 2017 — Ass. iur. Klaus KohnenThe applicant, Asen Genov, is a Bulgarian national, who was born in 1969 and lives in Sofia. The case concerned the authorities’ refusal to register the new religious association of which Mr Genov had been the chairman. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Thursday 23 March 2017 – Genov v. Bulgaria (no. 40524/08)
17. März 2017 — Ass. iur. Klaus KohnenThe applicant, Asen Georgiev Genov, is a Bulgarian national, who was born in 1969 and lives in Sofia. The case concerns the authorities’ refusal to register the new religious association of which Mr Genov was the chairman. Den Rest des Beitrags lesen
EGMR: Bivolaru v. Romania (no. 28796/04)
28. Februar 2017 — Ass. iur. Klaus KohnenThe applicant, Gregorian Bivolaru, is a Romanian national who was born in 1952 and lives in Romania. The case concerned the complaints lodged by Mr Bivolaru, leader of the “Movement for Spiritual Integration into the Absolute”, relating to the lawfulness of his pre-trial detention, his right to presumption of innocence and respect for his right to private life. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Tuesday 28 February 2017 – Bivolaru v. Romania (no. 28796/04)
23. Februar 2017 — Ass. iur. Klaus KohnenThe applicant, Gregorian Bivolaru, is a Romanian national who was born in 1952 and lives in Romania. The case concerns the complaints lodged by Mr Bivolaru, leader of the “Movement for Spiritual Integration into the Absolute”, relating to the lawfulness of his pre-trial detention, his right to presumption of innocence and respect for his right to private life. Den Rest des Beitrags lesen
EGMR: Hiernaux v. Belgium (application no. 28022/15)
24. Januar 2017 — Ass. iur. Klaus KohnenThe applicant, Anne-France Hiernaux, is a Belgian national who was born in 1968 and lives in Nivelles (Belgium). The case concerned the length of the closing of the criminal investigation conducted into the leaders of the Belgian Church of Scientology, to which Ms Hiernaux belonged. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Tuesday 24 January 2017 – Hiernaux v. Belgium (application no. 28022/15)
20. Januar 2017 — Ass. iur. Klaus KohnenThe applicant, Anne-France Hiernaux, is a Belgian national who was born in 1968 and lives in Nivelles (Belgium). The case concerns the length of the closing of the criminal investigation conducted into the leaders of the Belgian Church of Scientology, to which Ms Hiernaux belonged. Den Rest des Beitrags lesen
EGMR: Tsartsidze and Others v. Georgia (no. 18766/04)
17. Januar 2017 — Ass. iur. Klaus KohnenThe applicants are 13 Georgian nationals who are all Jehovah’s Witnesses. The case concerned alleged harassment of Jehovah’s witnesses in Georgia. Den Rest des Beitrags lesen
EGMR: By refusing to exempt two Muslim pupils from compulsory mixed swimming lessons, the Swiss authorities had given precedence to the children’s obligation to follow the full school curriculum and had not infringed the right to freedom of religion
10. Januar 2017 — Ass. iur. Klaus KohnenIn today’s Chamber judgment in the case of Osmanoǧlu and Kocabaş v. Switzerland (application no. 29086/12) the European Court of Human Rights held, unanimously, that there had been: no violation of Article 9 (right to freedom of thought, conscience and religion) of the European Convention on Human Rights. The case concerned the refusal of Muslim parents to send their daughters, who had not reached the age of puberty, to compulsory mixed swimming lessons as part of their schooling and the authorities’ refusal to grant them an exemption. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Tuesday 10 January 2017 – Osmanoğlu and Kocabaş v. Switzerland (no. 29086/12)
6. Januar 2017 — Ass. iur. Klaus KohnenThe applicants, Aziz Osmanoğlu and Sehabat Kocabaş, are two Swiss nationals who also have Turkish nationality. They were born in 1976 and 1978 respectively and live in Basle (Switzerland). The case concerns the refusal of Muslim parents to send their daughters, who had not yet reached puberty, to compulsory mixed swimming lessons as part of their schooling. Den Rest des Beitrags lesen
EGMR: Sociedad Anónima del Ucieza v. Spain (no. 38963/08)
20. Dezember 2016 — Ass. iur. Klaus KohnenThe applicant company, Sociedad Anónima del Ucieza, is a limited company founded in 1978 under Spanish law, based in Ribas de Campos (Palencia). The case concerned the company’s ownership claim over religious buildings on a plot of land which had formerly belonged to the Catholic Church and which the company purchased at a public auction. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Tuesday 20 December 2016 – Sociedad Anónima del Ucieza v. Spain (no. 38963/08)
16. Dezember 2016 — Ass. iur. Klaus KohnenThe applicant company, Sociedad Anónima del Ucieza, is a limited company founded in 1978 under Spanish law, based in Ribas de Campos (Palencia). The case concerned the company’s ownership claim over religious buildings on a plot of land which had formerly belonged to the Catholic Church and which the company purchased at a public auction. Den Rest des Beitrags lesen
EGMR: Rejection by authorities of prisoner’s request to attend mother’s funeral was unjustified (no. 20323/14)
6. Dezember 2016 — Ass. iur. Klaus KohnenIn today’s Chamber judgment in the case of Kanalas v. Romania (application no. 20323/14) the European Court of Human Rights held, by a majority, that there had been: a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, and a violation of Article 8 (right to respect for private and family life). Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Tuesday 6 December 2016 – Kanalas v. Romania (no. 20323/14)
2. Dezember 2016 — Ass. iur. Klaus KohnenThe applicant, Florian Kanalas, was born in 1969. Since 25 April 2016 he has been imprisoned in Satu Mare (Romania). The case concerns the conditions in which Mr Kanalas was held in the prisons of Oradea and Rahova, and the rejection by the prison authorities of his request for leave in order to attend his mother’s funeral. Den Rest des Beitrags lesen
EGMR: Breach of the principle of legal certainty in a case concerning the restitution of a place of worship (no. 76943/11)
29. November 2016 — Ass. iur. Klaus KohnenIn today’s Grand Chamber judgment in the case of Lupeni Greek Catholic Parish and Others v. Romania (application no. 76943/11) the European Court of Human Rights held: Den Rest des Beitrags lesen
EGMR: Forthcoming Grand Chamber judgment in a case concerning the restitution of a place of worship (no. 76943/11)
22. November 2016 — Ass. iur. Klaus KohnenThe European Court of Human Rights will be delivering a Grand Chamber judgment in the case of Lupeni Greek Catholic Parish and Others v. Romania (application no. 76943/11) at a public hearing on 29 November 2016 at 4 p.m. in the Human Rights Building, Strasbourg. The case concerned a request for restitution of a place of worship that had belonged to the Greek Catholic Church and was transferred during the totalitarian regime to the ownership of the Orthodox Church. Den Rest des Beitrags lesen
EGMR: Savda v. Turkey (no. 2) (no. 2458/12)
15. November 2016 — Ass. iur. Klaus KohnenThe applicant, Halil Savda, is a Turkish national who was born in 1974 and lives in Istanbul (Turkey). The case concerned Mr Savda’s criminal conviction for having read out a statement to the press entitled “We are in solidarity with the Israeli conscientious objectors”. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Tuesday 15 November 2016 – Savda v. Turkey (no. 2) (no. 2458/12)
10. November 2016 — Ass. iur. Klaus KohnenThe applicant, Halil Savda, is a Turkish national who was born in 1974 and lives in Istanbul (Turkey). The case concerns Mr Savda’s criminal conviction for having read out a statement to the press entitled “We are in solidarity with the Israeli conscientious objectors”. Den Rest des Beitrags lesen
EGMR: Travaš v. Croatia (no. 75581/13)
4. Oktober 2016 — Ass. iur. Klaus KohnenThe applicant, Petar Travaš, is a Croatian national who was born in 1975 and lives in Rijeka (Croatia). The case concerned his dismissal from two teaching posts, on the grounds that he had entered into a second marriage. Mr Travaš is a professor of theology. He was issued with a canonical mandate to teach Catholic religious education by the Rijeka Archdiocese, and in September 2003 he was offered an indefinite contract to teach the subject in two State high schools – where his salary was paid by the State. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Tuesday 4 October 2016 – Travaš v. Croatia (no. 75581/13)
30. September 2016 — Ass. iur. Klaus KohnenThe applicant, Petar Travaš, is a Croatian national who was born in 1975 and lives in Rijeka (Croatia). The case concerns his dismissal from two teaching posts, on the grounds that he had entered into a second marriage. Mr Travaš is a professor of theology. He was issued with a canonical mandate to teach Catholic religious education by the Rijeka Archdiocese, and in September 2003 he was offered an indefinite contract to teach the subject in two State high schools – where his salary was paid by the State. Den Rest des Beitrags lesen
Religion – Weltanschauung – Recht [ RWR ] 