EGMR: Appeal lodged out of time prevented domestic courts from ruling on the merits of the case

In its decision in the case of Barik Edidi v. Spain (application no. 21780/13), the European Court of Human Rights has, by a majority, declared the application inadmissible. The decision is final. The case concerned a lawyer (the applicant) who was asked by the president of a court to return to the area reserved for members of the public, on the ground that barristers appearing before the court could cover their heads only with the official cap (biretta). The Court held, in particular, that having lodged her alzada appeal before the Audiencia Nacional out of time, Ms Barik Edidi had herself, from the outset of the proceedings, created the situation of which she complained. Her conduct had thus prevented the domestic courts from ruling on the merits of the case. Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , . Leave a Comment »

EGMR: Forthcoming judgment on Thursday 19 May 2016 – Barik Edidi v. Spain (no. 21780/13)

The applicant, Zoubida Barik Edidi, is a Spanish national who was born in 1970 and lives in Getafe. The case concerns a lawyer (the applicant) who wore the hijab in court and was asked by the president of the court to return to the area reserved for members of the public, on the ground that lawyers appearing before the court could only cover their head with the official cap (biretta). Den Rest des Beitrags lesen »

Veröffentlicht in Aktuell, EGMR, Rechtsprechung. Schlagwörter: , . Leave a Comment »

Aufgelesen XLIX – Kopftuch, Turban, Hut

Ghandi betritt den Gerichtssaal mit Turban. Der Richter will, dass er ihn absetzt. Wie reagiert er? Den Rest des Beitrags lesen »