Information Note on the Court’s case-law 16

March 2000

J.K. v. Slovakia - 29021/95

Judgment 21.3.2000 [Section II]

Article 6

Criminal proceedings

Article 6-1

Access to court

Absence of possibility of court review of conviction by administrative authorities for minor offence: friendly settlement

The Local Office found the applicant guilty of a minor offence and fined him 1,000 korunas (SKK). This was upheld by t he District Office. The applicant was subsequently fined 1,800 korunas by the Local Office in respect of similar offences and this decision was also upheld by the District Office. At the material time, such decisions could not be reviewed by a court unless the fine exceeded 2,000 korunas (cf. Lauko and Kadubec judgments of 2 September 1998). In October 1998 the Constitutional Court found that the relevant provision was unconstitutional and contrary to Article 6 of the Convention in so far as it excluded cou rt review, as a result of which the provision became ineffective.

The parties have reached a friendly settlement providing for payment to the applicant of 5,000 korunas to cover any damages and costs.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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