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take account of the elements regarded as essential by the Court’s case-law. From the Court’s case-law as it stands, the following essential elements of the right of association can

automatically. In reviewing whether it has been observed it is essential to have regard to the particular circumstances of each case. This means, amongst other things, that the Court must take

her image is thus one of the essential components of personal development and presupposes the right to control the use of that image. Whilst in most cases the right to control such use

of the present case, where evaluations of this kind were to play such a significant role and where their outcome could be of major detriment to him, it was essential to the fairness

because the existence of such a suspicion is essential if detention on remand is to be ‘lawful’ under the Convention. 255 Similarly, in the case of a person detained on grounds of mental

providing an abstract definition would not help and decides the issue on a case-by-case basis. 23 In the Klass case, 24 which concerned secret surveillance measures, the Court held that

depend on the particular aspect of private life in issue. This was a case where ‘fundamental values and essential aspects of private life’ (that is, a woman’s right to physical integrity

national was conceivable only in exceptional cases was confirmed in the CJEU case of KA (Case C-82/16). The case of Chavez-Vilchez (Case C-133/15) concerned a number of TCN mothers

Poirrez case. 75 However, the admissibility decision of the Grand Chamber in the Stec case 76 clarified matters. The Grand Chamber accepted that the Gaygusuz case was ambiguous

judgment in the Handyside case, the Court emphasised the importance of the rights protected by Article 10, which, it said, ‘constitutes one of the essential foundations of a democratic

its judgments in the Manoussakis case 25 and in the Kalaç case, 26 but very much in passing. The question was presented more squarely in a case against France, though ultimately

the Charges and Interpretation The possibility for an accused to know the case against him is essential to the preparation of a defence. The duty on the State under Article 6(3)(a)

be prohibited under Article 4(1) lawful. In the ‘ Sailor Boys ’ case 73 the respondent State argued that an essential feature of servitude is that it has been forced upon a person against

just before the Tribunal hearing. The case concerned the safety of return to Iraq, relying on Article 15(c) of the QD, and it was essential to have proper argument, not only on the

such evidence even in the case of a child of this age. The applicant in the Keegan case 62 was the father of a daughter by his unmarried partner. The case concerned the adoption of

in such cases that the presence of detailed rules in a Protocol does not bar the applicability of a more general provision to aspects of the case. So in the Abdulaziz case 35 the

radical departure in Article 8 case law, because the Supreme Court cited a number of cases since Abdulaziz which showed that the direction of ECtHR case law had changed (see chapter

generally been ‘yes’. In both the Swedish Engine Drivers ’ Union case 18 and the Schmidt and Dahlström case 19 the applicants complained under Articles 11 and 14 about the actions

certificates in the case as unlawful. See chapter 7. Challenging decisions: appeals, administrative and judicial review 7 for a full discussion of this case. Key Case R (Kiarie

knowledgeable, and affordable representation is essential. Procedural points are often essential to the outcome of an immigration case, and many issues can only be tested on judicial