By “reservation of a general character” in Article 64 (art. 64-2) is to provide a guarantee – in particular for the other Contracting Parties and the Convention institutions – that a reservation does not go beyond the provisions expressly excluded by the State concerned. 330-B, §34: “The Contracting States that are par- 6 (art. 64-1) 52. cit., pp. 6-2, art. 2. …”. : Leonelli, 31 July/16 October 1981; Christinat, 23 May/6 August 1981). 86 See Belilos v. Switzerland, ECHR App. As “ultimate control by the judiciary” was a pretence if it did not cover the facts, such a system, she claimed, had the effect of excluding the guarantee of a fair trial, which was a cardinal rule of the Convention. 119-122), since the appeal which lies is not ‘a mere cassation procedure’ (J. Raymond, op. A cultural exchange and encounter – «Travels» and «impacts» of European law and integration on Swiss legal culture, a) Impacts on Swiss foreign policy on European Integration and the European Union – selective history of European Policy of Switzerland-examples, b) Impacts on Swiss law in general – and based upon the principle of Euro-compatibility by the legal process of «autonomer Nachvollzug» (autonomous adaption) in particular, c) Impacts on Swiss judges and Swiss courts, f) Impacts on the institutional changes requested by the European Union as a precondition for negotiations of further Bilateral Agreements, g) Impacts from the perspective of neighbouring humanities and social sciences: literature – history – political science – political economy, Swiss Law and Legal Culture and the Process of Americanization before and after World War II, A. They can therefore be interpreted in different ways, whereas Article 64 § 1 (art. She now maintained that the declaration sought to remove all civil and criminal cases from the judiciary and transfer them to the executive, in disregard of a principle that was vital to any democratic society, namely the separation of powers. The Federal Court finds no grounds for departing from that interpretative declaration (ATF [Judgments of the Swiss Federal Court] 107 Ia 167), even though its validity and its scope have been contested by academic writers (D. Brandle, Vorbehalte und auslegende Erklärungen zur europaïschen Menschenrechtskonvention, Zürich thesis 1978, pp. 87 EU Regulation 604/2013, June 26, 2013, 2013 O.J. Eine Busse von 120 Franken wegen angeblicher Teilnahme an einer unbewilligten Demo 1981 in Lausanne veranlasste Marlène Belilos, bis vor den Europäischen Gerichtshof für Menschenrechte zu gehen. 6-1) at the time, but that did not justify disregarding an express condition of the Convention. 64-1), which applied only to a “law then in force” and prohibited reservations of a general character; the details that the States concerned were asked to provide helped to prevent acceptance of such reservations. 57. In a judgment of 9 June 1980, in the case of Marlène Belilos and Others, this court stated that by virtue of the reservations made by Switzerland, proceedings before an administrative authority relating to the determination of a criminal charge were not covered by the obligation to provide a public hearing and to pronounce judgment publicly (see also Cass. 58 Belilos para 60. 64) is meant in particular a reservation couched in terms that are too vague or broad for it to be possible to determine their exact meaning and scope. Mrs. Belilos applied to the Criminal Cassation Division of the Vaud Cantonal Court to have that decision declared null and void. 64-1) requires precision and clarity. UCL LIBRARY SERVICES. Thomas Cottier, Isabel Kölliker and Jack Williams. : Leonelli, 31 July/16 October 1981; Christinat, 23 May/6 August 1981). Title : Case of Belilos v Switzerland, Judgment: Language : English: Alternative title : [fr] Affaire Belilos c. Suisse, jugement Author, co-author : Deprez, Christophe [Université de Liège - ULiège > Département de droit > Droit international privé >]: Publication date : Feb-2018 Sentence was imposed by the municipal Police Board and appeal to 6-1), even if it inevitably had consequences for paragraphs 2 and 3 (art. Organization of the Federal Supreme Court, 1. 3. Case of Belilos v.Switzerland dostępny na stronie Library home » ReadingLists@UCL Help » Reading Lists Online Loading 6) in ihrer Einwirkung auf das schweizerische Strafprozessrecht, Zürich thesis 1972, pp. 81). It had thus faithfully paraphrased – and extended to the criminal aspect of Article 6 (art. See View of Advocate General Kokott, supra note 9, at para. On 2 November 1982, the Federal Court (1st Public-Law Division) delivered a judgment dismissing the appeal on the following grounds: 2. While the preparatory work and the Government’s explanations clearly show what the respondent State’s concern was at the time of ratification, they cannot obscure the objective reality of the actual wording of the declaration. 13. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × J. Raymond, ‘La Suisse devant les organes de la CEDH’, in RDS [Revue de droit suisse] 98/1979 II p. 67, and the decisions cited therein; D. Poncet, La protection de l’accusé par la Convention européenne des Droits de l’Homme, p. 29, no. The Federal Court 14. of the Vaud Municipal Decisions Act of 17 November 1969 to have that decision set aside, and the Police Board held an initial hearing on 14 July. Referring to its report of 5 May 1982 in the Temeltasch case, the Commission emphasised two points. On 26 August, it gave Mrs. Belilos a further hearing, and also heard evidence from her former husband as a witness. The facts of the case as summarised in the European Court of Human Rights: Case of Belilos vs. Switzerland: 9. 89, p. 14, § 26). The Court has reached the same conclusion. – Teil 2 der Serie «Frau Huber geht nach Strassburg». 6) of the Convention (FF [Federal Gazette] 1974 I p. 1032, Communication). 7 (P7-2) to the Convention. It had thus faithfully paraphrased – and extended to the criminal aspect of Article 6 (art. Moreover, where the Cantonal Cassation Division quashes a decision because there are serious doubts as to the facts found (section 43(e) MDA), it may request the municipal authority, to which it remits the case (section 52 MDA), to carry out additional investigative measures. 53. 44, art. 64-2) did not take account of the specific problems which faced federal States and which could prove virtually insuperable. II. The municipal police board imposed a fine on her in her absence. A cultural exchange and encounter – «travels» and «impacts» of the legal process of globalization on Swiss legal culture, a) General impacts and challenges in legal practice, legal education and legal research, b) Impacts on Swiss governmental structures by the constitutionalisation of international law, d) Impacts on Swiss legal practice and legal professions, f) Globalisation and the law of information, Swiss Law and Legal Culture and the Process of Europeanization before and after World War II, A. 58. 6 (art. 6-2, art. The Federal Council’s intention had been to limit the extent of the guarantee of a fair trial, in particular in cases in which an administrative authority determined a criminal charge. 6) der Konvention, insbesondere im Hinblick auf das schweizerische Strafprozessrecht, RDS 94/1975 I, p. 498, nos. Switzerland’s declaration accordingly did not satisfy the basic requirements of Article 64 (art. 132, para 60. 64), that Switzerland was still bound by the Convention notwithstanding the invalidity of … 6-1) was intended only to ensure ultimate control by the judiciary, and the judicial element of a fair trial seemed to be sufficiently ensured in Swiss law as the Federal Court had derived from the right to a hearing rules on the administration of justice which corresponded to those listed in Art. On 26 August, it gave Mrs. Belilos a further hearing, and also heard evidence from her former husband as a witness. inessential to state consent to be bound to the treaty. 64) of the Convention, with the result that it must be held to be invalid. 6) of the Convention, the Police Board had no power to make a determination of the disputed offence; and in any event, she asked the court to hear her former husband and to redetermine the facts fully. 108, Ia, pp. 6-1) ECHR must be examined in the light of Switzerland’s interpretative declaration, according to which: ‘the Swiss Federal Council considers that the guarantee of fair trial in Article 6 § 1 (art. 313-316). 52. 6 (art. According to section 41 MDA, judicial review of such municipal decisions is effected by the Cassation Division of the Cantonal Court, which may determine both whether the correct procedure has been followed (in the case of a recours en nullité – section 43 MDA) and whether the law has been properly applied (in the case of a recours en réforme – section 44 MDA). At a sitting held on 29 May, the municipal Police Board, in the applicant’s absence, imposed on her a fine of 200 Swiss francs (CHF). The Police Board gave its decision on 4 September “without the interested parties being present”. 60. 6-1), of the Convention, in the determination of … any criminal charge against the person in question is intended solely to ensure ultimate control by the judiciary over the acts or decisions of the public authorities relating to … the determination of such a charge.’. ReadingLists@UCL. 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