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Conseil d'Etat — General Part — Principles and norms to which public services and authorities are subjected — European Convention on Human Rights

Date Citation Note
28.06.2002 CE, Ass. Case Garde des Sceaux  
20.10.2000 CE, Sect., 20 octobre 2000, n° 180122 Case Société Habib Bank Ltd Fair procedure in a court or tribunal - art. 6 of the European Convention on Human Rights - impartiality of a regulatory body conducting an investigation of its own motion - statement of charges framed so as to prejudge the findings of fact and legal classification to be applied to them
28.07.1999 L.P.A., n° 244, 8 Dec. 1999, 9 Case Groupement d’intérêt économique Mumm – Perrier – Jouet The sum an employer has to pay to the French agency in charge of expatriates and positions abroad, pursuant to the Labour Code for having employed an illegal foreign worker, is a criminal sanction within the meaning of Article 6 of the European Convention on Human Rights.
30.10.1998 Rec., 374 Case Lorenzi Provisions of the Code of Financial Courts providing that hearings before the Court with jurisdiction to punish misuse of public funds are not public are incompatible with Article 6, paragraph 1 of the European Convention on Human Rights (when the Court adjudicates on criminal charges).
03.07.1998 CE, Sect., 3 julliet 1998, p. 288 Case Bitouset European Convention on Human Rights, Additional Protocol, art. 1
Right to property
whether breached by the prohibition of construction in an urban plan without compensation
restrictive interpretation of national law in order to ensure compatibility with treaty
09.07.1997 CE, Sect., 9 julliet 1997, p. 300 Case Association Ekin Foreign Publications
Control under the Convention
14.02.1996 CE, Ass., 14 février 1996, p. 34 Case Maubleu European Convention on Human Rights, art. 6 – right to a public hearing, rights of defence, impartiality of tribunal where presiding judge undertakes prior investigatory work – right to have case heard by a panel from outside the area in which a judge or lawyer party to the litigation practices (no)
19.04.1991 CE, Ass., 19 avril 1991, p. 152 Case Belgacem European Convention on Human Rights, art. 8 -- right to family life and family reunification - expulsion of a foreign citizen on grounds of public interest; right to family life prevails - proportionality