ECHR and ECJ decisions on the reasoning of the judicial act when authorising special intelligence means Cover Image
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Решенията на ЕСПЧ и на СЕС за мотивиране на съдебния акт при разрешаване на специални разузнавателни средства
ECHR and ECJ decisions on the reasoning of the judicial act when authorising special intelligence means

Author(s): Ognyan Stoichkov
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: Съюз на юристите в България

Summary/Abstract: Within a year, the ECHR and the ECJ have handed down decisions, with opposing opinions, on the authorisation of special intelligence tools. In its judgment of 11.01.22, the ECtHR held that „the provision of reasons is a vital safeguard against abuse of surveillance.“ In its judgment of 16.02.23, the ECJ „allows for a national practice according to which judicial acts are drafted in the form of a pre-drafted text which does not contain individualized reasons.“

  • Issue Year: 2023
  • Issue No: 6
  • Page Range: 29-38
  • Page Count: 10
  • Language: Bulgarian