Information Note on the Court’s case-law
February 1996
Lobo Machado v. Portugal - 15764/89
Judgment 20.2.1996 [GC]
Article 6
Article 6-1
Fair hearing
Adversarial trial
Plaintiff in proceedings relating to social rights unable to obtain a copy of the written opinion of a representative of the Attorney-General's department at the Supreme Court or to reply to it, and presence of that representative at the court's private sitting: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 1 OF THE CONVENTION
Nature of functions of Attorney-General's department at Supreme Court: to assist the court, help ensure that its case-law was consistent and to uphold the public interest.
Great importance of part actually played in proceedings by member of Attorney-General's department: his submissions contained an opinion designed to advise and accordingly influence the Supreme Court - what had been at stake for the applicant in the proceedings before that court - fact that it had been impossible for applicant to obtain a copy of the opinion before judgment was given and to reply to it had infringed his right to adversarial proceedings.
Presence of member of Attorney-General's department at Supreme Court's private sitting had afforded, if only to outward appearances, an additional opportunity to bolster his opinion without fear of contradiction.
Conclusion: violation (unanimously).
Complaint that Supreme Court had been neither impartial nor independent - no need for a ruling.
II.ARTICLE 1 OF PROTOCOL No. 1
Complaint not reiterated before the Court: no need for it to be considered of Court's own motion.
Conclusion: unnecessary to rule on the complaint (unanimously).
III.ARTICLE 50 OF THE CONVENTION
A.Damage: sufficiently compensated by the finding of a breach.
B.Costs and expenses: reimbursement.
Conclusion: respondent State to pay a specified sum for costs and expenses (unanimously).
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This summary by the Registry does not bind the Court.
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