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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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PAUGER v. AUSTRIAOPINION OF MR. TRECHSEL, JOINED BY MR. A.S. GÖZÜBÜYÜK

Doc ref:ECHR ID:

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.

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