PAUGER v. AUSTRIAOPINION OF MR. TRECHSEL, JOINED BY MR. A.S. GÖZÜBÜYÜK
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Document date: February 27, 1996
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OPINION OF MR. TRECHSEL, JOINED BY MR. A.S. GÖZÜBÜYÜK
In the present case I have voted with the minority finding a
violation of Article 6 of the Convention and I agree with the reasoning
put forward by Mr. C.L. Rozakis and his colleagues.
However, when voting on the question of whether there had or had
not been a violation of Article 6, I based myself on the finding of the
majority that Article 6 applied to the proceedings before the
Constitutional Court. If Article 6 applied to these proceedings the
Constitutional Court should not have decided on the applicant's
complaint without a public hearing. Nevertheless, I do not find that
Article 6 applied to the proceedings before the Constitutional Court.
I therefore also subscribe to the concurring opinion of
Mr. G. Jörundsson and his colleagues, attached to this Report.