Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  O'REILLY AND OTHERS v. IRELAND

  Art. 6, Art. 6 Abs. 1, Art. 8, Art. 8 Abs. 1, Art. 13, Protokoll Nr. 1 Art. 1, Protokoll Nr. 1 Art. 1 Abs. 1 MRK
  Partly inadmissible (englisch)

Verfahrensgang

• EGMR, 28.02.2002 - 54725/00
• EGMR, 04.09.2003 - 54725/00
• EGMR, 29.07.2004 - 54725/00

Wird zitiert von ... (0)Neu Zitiert selbst (7)

• EGMR, 26.05.1994 - 16969/90

  KEEGAN v. IRELAND

  Auszug aus EGMR, 28.02.2002 - 54725/00

  Even assuming that the applicants" complaints fall to be analysed in terms of a positive duty on the State to take measures to secure the applicants" private and family lives and possessions, (the Marckx v. Belgium judgment of 13 June 1979, Series A no. 31, p. 15, § 31; the Gaskin v. the United Kingdom judgment of 7 July 1989, Series A no. 160, § 49; the Keegan v. Ireland judgment of 26 May 1994, Series A no. 290, p. 19, § 49; application no. 20357/92, decision of 7 March 1994, Whiteside v. the United Kingdom; application no. 41877/98, decision of 15 September 1998, Province of Bari and Others v. Italy; and application no. 36811/97, decision of 4 May 2000, Bielectric SRL v. Italy), regard must be had to the fair balance that has to be struck between the competing interests of the individual and of the community as a whole and to the margin of appreciation enjoyed by states in determining the steps to be taken to ensure compliance with the Convention (Rees v. the United Kingdom judgment of 17 October 1986, Series A no. 106, § 37).
• EGMR, 27.04.1988 - 9659/82

  BOYLE AND RICE v. THE UNITED KINGDOM

  Auszug aus EGMR, 28.02.2002 - 54725/00

  However, Article 13 is not applicable since the application does not involve any arguable complaints of breaches of Article 8 or of Article 1 of Protocol No. 1 (Boyle and Rice v. the United Kingdom judgment of 27 April 1988, Series A no. 131).
• EGMR, 19.12.1989 - 10522/83

  Mellacher u.a. ./. Österreich

  Auszug aus EGMR, 28.02.2002 - 54725/00

  In this respect, the State enjoys a wide margin of discretion (see, mutatis mutandis, the James and Others v. the United Kingdom judgment of 21 February 1986, Series A no. 98, § 51; the Mellacher and others v. Austria judgment of 19 December 1989, Series A no. 169, § 53; and the Botta v. Italy judgment of 24 February 1998, Reports 1998-I, § 33).

 
• EGMR, 07.07.1989 - 10454/83

  GASKIN v. THE UNITED KINGDOM

  Auszug aus EGMR, 28.02.2002 - 54725/00

  Even assuming that the applicants" complaints fall to be analysed in terms of a positive duty on the State to take measures to secure the applicants" private and family lives and possessions, (the Marckx v. Belgium judgment of 13 June 1979, Series A no. 31, p. 15, § 31; the Gaskin v. the United Kingdom judgment of 7 July 1989, Series A no. 160, § 49; the Keegan v. Ireland judgment of 26 May 1994, Series A no. 290, p. 19, § 49; application no. 20357/92, decision of 7 March 1994, Whiteside v. the United Kingdom; application no. 41877/98, decision of 15 September 1998, Province of Bari and Others v. Italy; and application no. 36811/97, decision of 4 May 2000, Bielectric SRL v. Italy), regard must be had to the fair balance that has to be struck between the competing interests of the individual and of the community as a whole and to the margin of appreciation enjoyed by states in determining the steps to be taken to ensure compliance with the Convention (Rees v. the United Kingdom judgment of 17 October 1986, Series A no. 106, § 37).
• EGMR, 13.06.1979 - 6833/74

  MARCKX v. BELGIUM

  Auszug aus EGMR, 28.02.2002 - 54725/00

  Even assuming that the applicants" complaints fall to be analysed in terms of a positive duty on the State to take measures to secure the applicants" private and family lives and possessions, (the Marckx v. Belgium judgment of 13 June 1979, Series A no. 31, p. 15, § 31; the Gaskin v. the United Kingdom judgment of 7 July 1989, Series A no. 160, § 49; the Keegan v. Ireland judgment of 26 May 1994, Series A no. 290, p. 19, § 49; application no. 20357/92, decision of 7 March 1994, Whiteside v. the United Kingdom; application no. 41877/98, decision of 15 September 1998, Province of Bari and Others v. Italy; and application no. 36811/97, decision of 4 May 2000, Bielectric SRL v. Italy), regard must be had to the fair balance that has to be struck between the competing interests of the individual and of the community as a whole and to the margin of appreciation enjoyed by states in determining the steps to be taken to ensure compliance with the Convention (Rees v. the United Kingdom judgment of 17 October 1986, Series A no. 106, § 37).
• EGMR, 06.12.1988 - 10588/83

  BARBERÀ, MESSEGUÉ AND JABARDO v. SPAIN

  Auszug aus EGMR, 28.02.2002 - 54725/00

  The Court's role is to determine whether the proceedings as a whole, including the manner in which the evidence and submissions were heard, were fair as required by Article 6 § 1 of the Convention (see, for example, the Barberà, Messegué and Jabardo v. Spain judgment of 6 December 1988, Series A no. 146, p. 31, § 68).
• EGMR, 17.10.1986 - 9532/81

  REES v. THE UNITED KINGDOM

  Auszug aus EGMR, 28.02.2002 - 54725/00

  Even assuming that the applicants" complaints fall to be analysed in terms of a positive duty on the State to take measures to secure the applicants" private and family lives and possessions, (the Marckx v. Belgium judgment of 13 June 1979, Series A no. 31, p. 15, § 31; the Gaskin v. the United Kingdom judgment of 7 July 1989, Series A no. 160, § 49; the Keegan v. Ireland judgment of 26 May 1994, Series A no. 290, p. 19, § 49; application no. 20357/92, decision of 7 March 1994, Whiteside v. the United Kingdom; application no. 41877/98, decision of 15 September 1998, Province of Bari and Others v. Italy; and application no. 36811/97, decision of 4 May 2000, Bielectric SRL v. Italy), regard must be had to the fair balance that has to be struck between the competing interests of the individual and of the community as a whole and to the margin of appreciation enjoyed by states in determining the steps to be taken to ensure compliance with the Convention (Rees v. the United Kingdom judgment of 17 October 1986, Series A no. 106, § 37).