Date of the decision: November 6th 2018
Country: United Kigdom
Jurisdiction: European Court of Human Rights
Legal Basis: Article 8 (right to respect for private and family life and the home)
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F.J.M. v. the United Kingdom (application no. 76202/16) [06/11/2018)
Analysis of Key Findings: Grant v. The County Registrar From the County of Laois, 2016/787 J.R.
Prepared by the Abusive Lending Practices Project, April 12, 2019
For a PDF version of this explainer, please click here.
Key Findings
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County Registrars must conduct assessments for unfair terms in compliance with the Unfair Contract Terms Directive in all possession cases involving consumers and delete unfair terms, without being asked.
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Irish High Court Confirms That EU Law Provides Important Defences for People at Risk of Losing Their Homes
Milestone decision determines that courts are required to assess mortgage contracts for unfair terms and determine if it is proportional to enter a possession order in each case.
In a recent milestone decision, the Irish High Court has confirmed that EU Law protects people at risk of losing their home in Ireland.
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New Guide Will Help People Facing Unfair Evictions in Ireland
A new, user-friendly Guide, that legal experts are launching today, could help thousands of Irish families in mortgage distress and facing unfair evictions to understand and advocate for their rights using vital EU consumer and human rights law.
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Spain: The Supreme Court orders judges to protect children before authorizing an eviction
Spain: The Supreme Court orders judges to protect children before authorizing an eviction
Judges must ensure the protection of children before authorizing an eviction from the home they live in. The Supreme Court has established a doctrine on the duty of judges before an eviction and has revoked a judgment of the Superior Court of Madrid that approved the eviction of a family with three children illegally occupying a public housing.
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Yordanova and Others v Bulgaria (Application No. 25446/06)
Date of the decision: September 24, 2012
Jurisdiction: Council of Europe – European Court of Human Rights
Country: Bulgaria
Subject: Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life Respect for home Respect for private life) (Conditional); Non-pecuniary damage - finding of violation sufficient; proportionality test; social housing; eviction; tenancy agreements.
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Bagdonavicius and Others v. Russia (Application No.19841/06) [11.10. 2016]
Date of the decision: 11 October 2016 (Final 06.03.2017)
Jurisdiction: Council of Europe – European Court of Human Rights
Country: Russia
Subject: Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life Respect for home Respect for private life)
Legal basis:
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Bjedov v Croatia (Application no. 42150/09)
Date of the decision: May 29, 2012
Jurisdiction: Council of Europe – European Court of Human Rights
Country: Croatia
Subject: Article 8, evictions, principle of proportionality.
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