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European Observer on fundamental right's respect

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Case Law [2007] UKHL 19 (25/04/2007)

Type: Judgment

Authority: National Courts House of Lords

Date: 04/25/2007

Subject: The House of Lords has been called to rule upon two issues: decide who has to ascertain if there has been a violation of the rights protected by the ECHR (in this case art. 10 ECHR and art. 1, Prot. I) and what importance to give to the grounds of a public act suspected to have violated the above said rights. The first issue is solved in the sense that the violation must be ascertained by the judge dealing with the case. Concerning the second issue, the Lords reckon that first of all is necessary to establish if there has been a violation or not; in this case such violation, even if theoretically existent, is not out of proportion to the general exigency of maintenance of public order as protected by the prejudicial act.

Parties: Consiglio Comunale di Belfast c. Miss Behavin’ S.r.L

Original language: English

Classification: Freedoms - Art. 11 Freedom of expression - Art. 17 Right to property

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