EIT jätti valituksen tutkimatta kun valittajana ollut romanialaistuomari oli paljastanut luottamuksellisia oikeudenkäyntiasiakirjoja

25.10.2022 | Oikeusuutiset

Markku Fredman

Application ruled inadmissible on account of applicant’s breach of confidentiality of friendly-settlement negotiations

In its decision in the case of Camelia Bogdan v. Romania (application no. 32916/20) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final.
The case concerned disciplinary proceedings against a judge which had resulted in her being barred from office.
The Court noted that the applicant had disclosed the particulars of the friendly-settlement negotiations in respect of her case before the Court in the course of proceedings which she had instituted in a national court, whereas the use of such information in other  contentious proceedings was prohibited. The applicant had been aware of the confidentiality requirement. The Court also noted that the particulars of the friendly-settlement negotiations, including copies of the letters and accompanying friendly-settlement declarations sent by it, had subsequently appeared in several media reports. Unpersuaded by the applicant’s arguments, the Court concluded that her disclosure of the particulars of the friendly-settlement negotiations in her case to a national court and to other third parties had violated the principle of confidentiality laid down by Article 39 § 2 (friendly settlements) of the European Convention on Human Rights and Rule 62 § 2 (friendly settlement) of the Rules of Court and that, in the circumstances, her conduct had amounted to an abuse of the right of individual application within the meaning of Article 35 § 3 (a) of the Convention.

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