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CASE OF GADASYUK v. UKRAINE

The European Court of Human Rights (ECHR) delivered a judgment in the case of Gadasyuk v. Ukraine concerning the lack of proper reasoning in domestic court decisions. The case involved a school director who was dismissed due to staff reduction and subsequently sought reinstatement. The ECHR found that Ukraine violated Article 6 § 1 of the Convention by failing to provide adequate reasoning in court decisions.The Court’s decision is structured around three main elements: the procedural background, the assessment of the complaint under Article 6 § 1, and the application of Article 41 regarding just satisfaction. The Court emphasized its established case-law principle that domestic courts must provide reasons for their judgments, although this doesn’t require detailed answers to every argument.The key provisions of the decision include:

  • The Court found that the Supreme Court of Ukraine failed to address important arguments raised by the applicant, particularly regarding procedural safeguards during her dismissal
  • The Court reaffirmed that while it should not act as a fourth instance court, it can review cases where national courts’ findings are arbitrary or manifestly unreasonable
  • The Court awarded the applicant 1,500 euros in non-pecuniary damage and 250 euros for costs and expenses
  • The judgment establishes that the right to a reasoned court decision is an essential element of a fair trial under Article 6 § 1

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