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European Observer on fundamental right's respect

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Case Law 171/2008 (03/12/2008)

Type: Judgment

Authority: National Courts: Supreme Courts (Belgium) - Cour Constitutionnelle

Date: 12/03/2008

Subject: The Constitutional Court has deemed article 4, par. 1, 1°, of the law of 16 November 1972 on labour inspections, illegitimate and in contrast with the norms of the ECHR in the matter of respect of private life and private home and of guarantees of fair trial, interpreted in the sense of excluding from judicial control the authorization of the investigative police to access homes and exclude from the adversarial procedure documents and declarations which such authorization is based on.

Parties: Tribunal de première instance de Gand

Original language: Belgian

Classification: Freedoms - Art. 7 Privacy - Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing

Text download Belgian