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557 12 hrcd [ 2001 ] ASSOCIATION EKIN v. FRANCE Right to a fair hearing – violation Article 6, Section 1 Freedom of expression – violation Article 10 Law conferring wide-ranging powers on the Minister of the Interior to issue administrative bans on the dissemination of publications of foreign origin or written in a foreign language were not, a priori, incompatible with the Convention; nevertheless, a legal framework was required that ensured both tight control over the scope of bans and effective judicial review to prevent any abuse of power. However, the judicial-review procedures in place in cases concerning administrative bans on publications under section 14 of the French Law of 1881, as amended, provided insufficient guarantees against abuse and the legislation appeared to be in direct conflict with the actual wording of Section 1 of Article 10 of the Convention. In a judgment delivered on 17 July 2001 in the case of Association Ekin v. France , the European Court of Human Rights held unanimously that: – there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights; – no separate issue arose under Article 10 taken together with Article
Human Rights Case Digest – Brill
Published: Jan 1, 2001
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