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OEA/Ser.P, AG/doc 5006/09 (4 June 2009). 60 It is essential that states repay the Fund if it is to remain solvent. In 2012, of the 13 cases that benefitted from access to the Fund, only

of ruling on the substantive issues raised by a case. It is an all-purpose Court, which has inherited from the Commission the essential tasks of filtering applications, fact-finding,

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

individual measures to be taken will vary from case to case. In certain categories of cases similar problems occur repeatedly. One group of cases is where the Court has found that domestic

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

reconcile the decision with the Court’s ‘well-settled case-law’. The Del Río Prada case may best be regarded as an exceptional case on its facts, leaving the approach applied in Kafkaris

agreement with it. 589 The essential requirement in such cases is that, in one way or another, the appeal court shows that it ‘did in fact address the essential issues’ in the appeal, and

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