Konig v Federal Republic of Germany: ECHR 28 Jun 1978

The reasonableness of the duration of proceedings must be assessed according to the circumstances of each case, including its complexity, the applicant’s conduct and the manner in which the administrative and judicial authorities dealt with the matters. ‘Both the Commission and the government agree that the concept of ‘civil rights and obligations’ cannot be interpreted solely by reference to the domestic law of the respondent state. . . the concept of ‘civil rights and obligations’ is autonomous. Whilst the court thus concludes that the concept of ‘civil rights and obligations’ is autonomous, it nevertheless does not consider that, in this context, the legislation of the state concerned is without importance. Whether or not a right is to be regarded as civil within the meaning of this expression in the Convention must be determined by reference to the substantive content and effects of the right – and not its legal classification – under the domestic law of the state concerned. In the exercise of its supervisory functions, the court must also take account of the object and purpose of the Convention and of the national systems of other contracting states.’

Citations:

(1978) 2 EHRR 170, 6232/73, [1978] ECHR 3, [1978] ECHR 3, [1980] ECHR 2

Links:

Worldlii, Bailii, Bailii

Statutes:

European Convention on Human Rights

Cited by:

CitedAaron v The Law Society (the Office of the Supervision of Solicitors) QBD 13-Oct-2003
The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have . .
CitedSecretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
CitedWright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
See AlsoKonig v Germany ECHR 10-Mar-1980
Hudoc Judgment (Just satisfaction) Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings . .
CitedRegina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 08 June 2022; Ref: scu.186742