Le Compte, Van Leuven and De Meyere Case

Abstract

The individual in international law — Human rights and freedoms — Right to public hearing by independent and impartial tribunal established by law — European Convention on Human Rights and Fundamental Freedoms, 1950, Article 6 (1) — Notion of determination of civil rights and obligations — Right to continue to exercise medical profession — Whether public or private right — Disciplinary proceedings concerning allegations of professional misconduct — Whether determination of private or civil rights — Notion of dispute (contestation) — Whether civil right the object of dispute — Disciplinary organs of medical association — Whether independent and impartial tribunals established by law — Whether guaranteeing public hearing

Article 11 — Right to freedom of association, to form and join trade unions — Legal obligation to join medical association and be subject to its disciplinary organs — Whether limiting guaranteed rights — ‘Association’ — Definition of — Freedom not to associate — Whether recognized by Convention

Article 10 — Right to disseminate information and ideas — Whether sanctions imposed by disciplinary body impinge upon right — Admissibility of complaint — Whether complaint separate or adduced in support of other claims — Ambit of case referred to Court — Exhaustion of domestic remedies

Article 50 — Request for just satisfaction — Effect of possibility of compensation under domestic law