Sara Comes Nadal
48252077D
1st LAW
PRACTICE 1
“Antović and Mirković v. Montenegro, Judgment, 28 November 2017, no. 70838/13”
Right to respect for private family life, art.8 ECHR:
1. Everyone has the right to respect for his private and family life, his home and his
correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.
-Summarize the facts of the case and the argument of the appellant.
The article tells us about the right to privacy in aspects of family life, housing and
correspondence. No one can take it from us except a public organization.!
-What interpretation does the ECHR have of the concept of private life? In what
fundamental right contained in our Constitution would fit?
The ECHR's interpretation of private life is that it is a fundamental and very personal right
and that no one can take it away from us. In our Constitution corresponds to article 18.!
Art.18 CE: !
1. The right to honor, personal and family privacy and the image itself is guaranteed.!
2. The address is inviolable. No entry or registration may be made in it without the
consent of the holder or judicial resolution, except in the case of flagrant crime.!
3. The secrecy of communications and, especially, of postcards, telegraphs and
telephones is guaranteed, except by judicial resolution.!
4. The law will limit the use of information technology to guarantee the honor and
personal and family privacy of citizens and the full exercise of their rights.!
-What conditions does the ECHR stablish in order to record a person in his/her
job?
Stablish an exception which is “the economic well-being of the country”.!
-Explain the reasons for the CONCURRING OPINION and the DISSENTING
OPINION?
I agree with Article 8 ECHR because it is a necessary right for the free development of
each one's personal life. On the other hand, I do not agree that a public body can get into
this right because many times it does so without a foundation.!
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