On the latter point, what is at stake for the applicant has also to be taken into account (see Philis v.

This subsidiary character is reflected in Articles 13 and 35 § 1 of the Convention.

or tribunal; in this way it embodies the “right to a court”, of which the right of access, that is the right to institute proceedings before courts in civil matters, constitutes one aspect (see the Philis

    Section 32 provides, inter alia , that the Council assesses the ability and moral character of the judges when the information concerning the results achieved, the number of the cases resolved

    The Court is master of the characterisation to be given in law to the facts of the case and is not bound by the characterisation given by an applicant or a government.

This is so as no internal administrative enquiry of an adversarial character was held into the circumstances of the case.

    The Court reiterates that the right to freely practise one’s profession and to continue to practise it constitutes a civil right (see Philis v.

The court noted that the order of the Minister of Food of 11   January 1949 had only a declaratory character.

France judgment of 25 March 1999, to be published in the Court’s official Reports 1999, § 67, and the Philis v. Greece (no. 2) judgment of 27 June 1997, Reports 1997-IV, p. 1083, § 35). 1.

Poland , judgment of 30 October 1998, Reports of Judgments and Decisions 1998-VIII, § 47; Philis v. Greece (no. 2), judgment of 27 June 1997, Reports 1997-IV, p. 1083, § 35; Portington v.

Moreover, the grounds of appeal submitted by the applicant, did not give rise to an assessment of his motive or of his character or state of mind at the time of the offence.

This public character protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts can be maintained.

  25444/94, 25 March 1999, § 67, and the Philis v. Greece (no. 2) judgment of 27 June 1997, Reports 1997-IV, p. 1083, § 35). 40.

    The Court reiterates that since it is master of the characterisation to be given in law to the facts of the case, it does not consider itself bound by the characterisation given by an applicant

[In solitude, they looked at the tombstones] The heart of Dersim is torn to pieces its serpentine streets explosions of dynamite the noise of excavators the soldiers’ boots … a phial of medicine in one

It referred to the complex character of the case and the necessity to examine further evidence.

the Grand Chamber may deal with any issue of fact or law that arises during the proceedings before it (see Powell and Rayner v. the United Kingdom , 21 February 1990, §   29, Series A no. 172; Philis

  I must therefore conclude that the continued occupation of the land as gypsy caravan sites is harmful to the character and appearance of the countryside."

Moreover, exceptions to the right of appeal in criminal matters in regard to offences of a minor character were recognised even in Article 2 of Protocol No. 7. 32.