Cauzele Malec c. Polonia şi Brambilla et alii c. Italia
The cases Malec v. Poland and Brambilla et alii v. Italy

Summary/Abstract: 1. Art. 8 of the Convention - "The right to respect for private and family life";The absence of cooperation between parted parents is a circumstance that cannot exempt the authorities from their positive obligations under article 8. The government did not offer any explanation for the delay in examining the petitioner's claims. The Court concludes that, despite the margin of appreciation recognized to state, the Polish authorities have no made efforts to ensure adequate and effective implementation of the parental rights of the petitioner and his right to keep in touch with his child. Therefore, Art. 8 of the Convention was violated. 2. Art. 10 of the Convention - "Freedom of Expression";The Court notes that the complainants were not forbidden to make public the miscellaneous facts. Their conviction was based solely on possession and use of radio equipment used in order to obtain information faster by police interception of communications, which were confidential under domestic law. The Court notes that the Milan Court of Appeal ordered the suspension of execution of sentence of imprisonment, and in the case file there is no evidence to indicate that the complainants would have made these punishments. Therefore, sanctions petitioners do not seem to be disproportionate. The domestic courts made an appropriate distinction between petitioners debt to respect law, and exercise of their journalist work. The court ruled unanimously that in this case there occurred not a violation of art. 10 of the Convention.

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