Published on 18 September 2023
FOURTH SECTION
Application no. 48150/18
Saša VASILEV
against Serbia
lodged on 29 September 2018
communicated on 1 September 2023
SUBJECT MATTER OF THE CASE
The application concerns the alleged breach of the principles of an adversarial trial and the equality of arms.
In particular, the applicant’s licence to have a firearm, i.e. a hunting rifle, was revoked by the police, allegedly on the grounds of confidential information which was never disclosed to the applicant.
The applicant complains of a violation of Article 6 § 1 of the Convention because he was allegedly not given an opportunity to acquaint himself with and comment on the information adduced by the police in the administrative proceedings.
Ultimately, the Constitutional Court also ruled against the applicant.
QUESTION TO THE PARTIES
Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, were the requirements of adversarial proceedings and the equality of arms, contained in this provision, respected as regards the revocation of the applicant’s licence to have a firearm based on confidential police information (see, for example and mutatis mutandis, T.G. v. Croatia, no. 39701/14, §§ 48-54, 11 July 2017)?