Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  MORARU v. ROMANIA

  Violation of Article 14+P1-2 - Prohibition of discrimination (Article 14 - Discrimination) (Article 2 of Protocol No. 1 - Right to education-general;Right to education);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction) ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  MORARU v. ROMANIA

  [ENG]

Wird zitiert von ...Neu Zitiert selbst (7)

• EuGH, 13.11.2014 - C-416/13

  Das Gesetz der Autonomen Gemeinschaft Asturien, das für die Einstellung örtlicher …

  Auszug aus EGMR, 08.11.2022 - 64480/19

  "36. It should be recalled that the [CJEU] has already held that the concern to ensure the operational capacity and proper functioning of the police services constitutes a legitimate objective (see, as regards Article 4(1) of Council Directive 2000/78 of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16), the structure, provisions, and objective of which is largely comparable with those of Directive 76/207, the judgments of 13 November 2014, Vital Pérez, C-416/13, EU:C:2014:2371, paragraph 44, and 15 November 2016, Salaberria Sorondo, C-258/15, EU:C:2016:873, paragraph 38).

  In that regard, while it is true that the exercise of police functions involving the protection of persons and goods, the arrest and custody of offenders and the conduct of crime prevention patrols may require the use of physical force requiring a particular physical aptitude, the fact remains that certain police functions, such as providing assistance to citizens or traffic control, do not clearly require the use of significant physical force (see, to that effect, the judgment of 13 November 2014, Vital Pérez, C-416/13, EU:C:2014:2371, paragraphs 39 and 40).

• EGMR, 12.04.2006 - 65731/01

  STEC ET AUTRES c. ROYAUME-UNI

  Auszug aus EGMR, 08.11.2022 - 64480/19

  At the outset, it is to be noted that the anthropometric limits set by law were different for male and female candidates, and that the applicant did not make any allegations to the effect that those limits gave rise to discrimination on the basis of sex (contrast Stec and Others v. the United Kingdom [GC], nos. 65731/01 and 65900/01, §§ 55 and 66, ECHR 2006-VI (concerning a difference in pensionable age between men and women).
• EGMR, 10.11.2005 - 44774/98

  LEYLA SAHIN v. TURKEY

  Auszug aus EGMR, 08.11.2022 - 64480/19

  Furthermore, the Court has found that the institutions of higher education and the right of access to them come within the scope of the first sentence of Article 2 of Protocol No. 1 (see Leyla ?žahin v. Turkey [GC], no. 44774/98, § 141, ECHR 2005-XI, in the context of a university run by the State).

 
• EuGH, 18.10.2017 - C-409/16

  Kalliri - Mindestgröße für Polizisten ist diskriminierend

  Auszug aus EGMR, 08.11.2022 - 64480/19

  In its judgment of 18 October 2017 in Kalliri (case no. C-409/16, EU:C:2017:767) the CJEU stated that Directive 76/207/EEC had to be interpreted as prevailing over a law of the member State in question (Greece) making candidates" admission to a competition for entry into a police academy of that member State subject, whatever their sex, to a requirement that they be of a physical height of at least 1.70 metres, since that law (i) worked to the disadvantage of a far greater number of women than men, and (ii) did not appear to be either appropriate or necessary to achieve the legitimate objective pursued (which it was for the national court to determine).
• EuGH, 11.03.2003 - C-186/01

  DAS GEMEINSCHAFTSRECHT STEHT DER WEHRPFLICHT NUR FÜR MÄNNER NICHT ENTGEGEN

  Auszug aus EGMR, 08.11.2022 - 64480/19

  In its judgment of 11 March 2003 in Dory (case no. C-186/01, EU:C:2003:146), the CJEU ruled that Community law - and in particular Article 2 § 2 of Council Directive 76/207/EEC of 9 February 1976 - did not preclude compulsory military service being reserved for men.
• EuGH, 15.11.2016 - C-258/15

  Grundsätze des Gemeinschaftsrechts

  Auszug aus EGMR, 08.11.2022 - 64480/19

  "36. It should be recalled that the [CJEU] has already held that the concern to ensure the operational capacity and proper functioning of the police services constitutes a legitimate objective (see, as regards Article 4(1) of Council Directive 2000/78 of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16), the structure, provisions, and objective of which is largely comparable with those of Directive 76/207, the judgments of 13 November 2014, Vital Pérez, C-416/13, EU:C:2014:2371, paragraph 44, and 15 November 2016, Salaberria Sorondo, C-258/15, EU:C:2016:873, paragraph 38).
• EuGH, 26.10.1999 - C-273/97

  Sirdar

  Auszug aus EGMR, 08.11.2022 - 64480/19

  In its judgment of 26 October 1999 in Sirdar (case no. C-273/97, EU:C:1999:523), which concerned the refusal to employ the applicant, a woman, as a chef in the British Royal Marines (the BRM"), the CJEU ruled that the exclusion of women from service in special combat units such as the BRM might be justified by reason of the nature of their activities in question and the context within which they were to be carried out.

• EGMR, 16.04.2024 - 40519/15

  BORISLAV TONCHEV v. BULGARIA

  In the light of these discrepancies, which are not for the Court to resolve, including as regards the application of EU law (see, mutatis mutandis, Parti nationaliste basque - Organisation régionale d'Iparralde v. France, no. 71251/01, § 48, ECHR 2007-II; Avotins v. Latvia [GC], no. 17502/07, § 100, 23 May 2016; Krombach v. France (dec.), no. 67521/14, § 39, 20 February 2018; Stoyan Nikolov v. Bulgaria, no. 68504/11, § 58, 20 July 2021; and Moraru v. Romania, no. 64480/19, § 54, 8 November 2022), it cannot be accepted that the ongoing retention of the data about the applicant's substitute administrative penalty is "in accordance with the law" within the meaning of Article 8 § 2 of the Convention.