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Urechean and Pavlicenco v. Republic of Moldova

European Court of Human Rights.  02 December 2014 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Right to a fair trial — Right of access to a court — Applicants bringing libel action against former head of State in domestic courts — Domestic courts failing to consider whether impugned statements made in exercise of official duties — Competing interests — Whether head of State enjoying absolute immunity — Whether manner in which immunity rule applied constituting disproportionate restriction on applicants’ right of access to a court — Whether Republic of Moldova violating Article 6(1) of European Convention on Human Rights, 1950

State immunity — Head of State immunity — Functional immunity — Whether absolute — Applicants bringing libel action against former head of State in domestic courts — Domestic courts failing to consider whether impugned statements made in exercise of official duties — Competing interests — Whether head of State enjoying blanket immunity — Whether manner in which immunity rule applied constituting disproportionate restriction on applicants’ right of access to a court — Whether Republic of Moldova violating Article 6(1) of European Convention on Human Rights, 1950

Type
Case Report
Copyright
© Cambridge University Press 2018

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