Preliminary objections joined to merits and dismissed (ratione materiae, non-exhaustion of domestic remedies);Violation of P1-1;Non-pecuniary damage - award

UKRAINE   (Application no. 23465/03)                     JUDGMENT (merits)   STRASBOURG   6 October 2011   FINAL   08/03/2012

Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies);Violation of Art. 8;Remainder inadmissible;Non-pecuniary damage - award

(b)     Merits – Article 3 of Protocol No. 1: Following his election, the applicant had been required to initiate a procedure to renounce his Romanian nationality in order to have his mandate

Preliminary objection joined to merits and dismissed (victim);Violation of Art. 6;Violation of Art. 8;Pecuniary and non-pecuniary damage - award

Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies);Violation of Art. 2 (procedural aspect);Non-pecuniary damage - award

Preliminary objection joined to merits and dismissed (non-exhaustion of domestic remedies);Violation of Art. 2 (procedural aspect);Non-pecuniary damage - award

Preliminary objection joined to merits and dismissed (ratione materiae);Reminder inadmissible;Violation of Art. 6-1;Pecuniary and non-pecuniary damage - award

LES CANDIDATS DONT LE MERITE EST JUGE EGAL SONT DEPARTAGES PAR L'ANCIENNETE" ; QU'IL RESULTE DE CES DISPOSITIONS, COMME DE CELLES DE L'ARTICLE 28 DE L'ORDONNANCE DU 4 FEVRIER 1959, QU'UN FONCTIONNAIRE

The Court also joined to the merits and rejected the Government’s preliminary objection concerning the failure to exhaust domestic remedies; it also found that there had been a violation of Article 8.

    The Court considers that this objection is closely linked to the substance of the applicant's complaint and that its examination should therefore be joined to the merits. 4.

Preliminary objection joined to merits and dismissed (victim);Violation of Art. 6;Violation of Art. 8;Pecuniary and non-pecuniary damage - award

It was also decided to rule on the admissibility and merits of the application at the same time (Article   29 § 1 of the Convention). 5.

    The remaining applicant, Mr Tănase, and the Government each filed observations on the merits.

Preliminary objection (non-exhaustion of domestic remedies) joined to merits and dismissed;Violation of Art. 6-1;Costs and expenses partial award

The Court therefore considers it appropriate to join it to the merits (see, mutatis mutandis, Demir and Baykara, cited above, § 58). 2.

No violation of Art. 6-1 as regards the proceedings on the merits;Violation of Art. 6-1 as regards the urgent proceedings

On the same day the Supreme Court examined the merits of the case and upheld the judgment of 2001.

Preliminary objection joined to merits and dismissed (ratione materiae);Violation of Art. 6-1;Non-pecuniary damage - award;Pecuniary damage - claim dismissed