CEDH · CASELAW;CLIN;ENG — 30 octobre 2001

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s97EB40D9 { margin-top:12pt; margin-bottom:14pt; page-break-after:avoid } .s65B66A85 { margin-top:12pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law 35 October 2001 Devlin v. the United Kingdom - 29545/95 Judgment 30.10.2001 [Section III] Article 6 Civil proceedings Article 6-1 Access to court Issuing of national security certificate precluding operation of legislation on non-discrimination in employment: violation Civil rights and obligations Denial of access to the civil service, allegedly on discriminatory grounds: Article 6 applicable Facts : After passing a test and attending an interview, the applicant was told that he was being recommended for appointment to a low-grade post in the Northern Ireland Civil Service, subject to pre-appointment enquiries. He was later informed that he had been unsuccessful. No reasons were given, but the applicant believes it was because he is a Catholic. He applied to the Fair Employment Tribunal, but the Secretary of State issued a certificate to the effect that the refusal of employment was on national security grounds, as a result of which the Fair Employment legislation did not apply. An application for judicial review was dismissed. Law : Article 6 § 1 – The post for which the applicant had applied did not involve wielding a portion of the State's sovereign power and there is therefore no reason to exclude the dispute from the scope of this provision. He may claim to have had a civil right not to be discriminated against in the employment sphere and Article 6 applies. There was no independent scrutiny of the facts which led to the certificate being issued by the Secretary of State and there were no other available mechanisms of complaint. There was therefore a disproportionate restriction on the applicant's right of access to court. Conclusion : violation (unanimously).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes