Jurisprudenţa Curţii Europene a Drepturilor Omului: aprilie-iunie 2015
The jurisprudence of the European Court of Human Rights: April-June 2015

Summary/Abstract: The right to private and family life. Freedom of expression Art. 8 and Art. 10 of the Convention Grand Chamber judgment of 16 June 2015 Delfi v. Estonia Delfi AS, the owner of a news portal in Estonia, published in January 2006 an article about the planned destruction by a public naval carrier of the so called "icy roads" sea - used during the winter to link Estonia mainland to some of its islands - ice-breaking to make possible shipping. In one day the article accounted in the forum section over 185 comments. The European court ruled that Estonian newspaper is responsible for reader comments and that their publisher, so that judges in Estonia have judged correctly when they decided to penalize the site for publication of defamatory comments. Right to life Art. 2 of the Convention Grand Chamber judgment of 25 June 2015 Lambert and Others v. France The applicants in this case are parents and siblings of Vincent Lambert, aged 38, married, after a motorcycle accident was diagnosed with quadriplegia. While Vincent is severely disabled, with brain damage, he is alive, albeit in a state of minimal consciousness, cannot breathe alone and kept alive by any medical device. After a "collegial procedures" prescribed by law Leonetti - on patients' rights and end of life - Vincent's doctor decided to discontinue nutrition and hydration. This decision was challenged by Vincent's parents and a brother and a sister thereof. Vincent's wife together with other brothers opposed the appeal. The Court notes that the "Guidance on decision-making related to medical treatment in end of life" of the Council of Europe addresses these issues, revealing that artificial nutrition and hydration are administered to the patient in response to a medical indication. ECHR decided that there is not a breach of art. 2 (right to life) of the European Convention on Human Rights, if the decision would be implemented by the State Council, which was authorized end artificial hydration and feeding therapy of Mr. Lambert. The right to a fair trial Art. 6 of the Convention Grand Chamber judgment of April 23, 2015 Morice v. France The complainant, French lawyer Olivier Morice, represented Mrs Borrel, widow of Bernard Borrel French judge, whose body was found on 19 October 1995, 80 kilometers from the city of Djibouti. In 1997, the judicial inquiry judge Borell death was attributed magistrates M., LL. Art. 10 Freedom of expression: Court emphasized context of very special case, concerning a lawyer and a judge, both involved at the stage of judicial investigations of two high-profile cases: Borrel and "Scientology". The Court found that the judgment against Mr Morice constitute a disproportionate interference with his right to freedom of expression and therefore a breach of art. Convention 10 on freedom of expression.

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