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Molla Sali v. Greece (Eur. Ct. H.R.)

Published online by Cambridge University Press:  25 April 2019

Christina M. Cerna
Christina M. Cerna*
Affiliation:
Adjunct Professor of Law, Georgetown University Law Center. Formerly Principal Human Rights Specialist, Inter-American Commission on Human Rights (retired December 31, 2011).
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Extract

President Guido Raimondi, the president of the European Court of Human Rights (European Court), in his address on January 25, 2019, at the opening of the Court's judicial year, singled out the case of Molla Sali v. Greece, concerning the application of Sharia law by the Greek courts, as one of the leading judgments of 2018. The judgment, he noted, gave rise to erroneous interpretations, with some commentators suggesting that the Court wanted to pave the way for the application of Sharia law in Europe, when in his view, the judgment leads to precisely the opposite conclusion.

Type
International Legal Documents
Information
International Legal Materials , Volume 58 , Issue 2 , April 2019 , pp. 280 - 314
Copyright
Copyright © 2019 by The American Society of International Law 

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References

ENDNOTES

1 Molla Sali v. Greece, App. No. 20452/14, Eur. Ct. H.R. (2018), http://hudoc.echr.coe.int/eng?i=001-188985.

2 Council of Europe, European Court of Human Rights, Solemn Hearing for the Opening of the Judicial Year of the European Court of Human Rights, Opening Speech by President Guido Raimondi, Strasbourg (Jan. 25, 2019).

3 The Greek minority that was permitted to remain in Turkey was the Ecumenical Patriarchate of Constantinople.

4 Refah Patisi (the Welfare Party) and Others v. Turkey, App. Nos. 41340/98, 41342/98, 41343/98, and 41344/98, Judgment, Eur. Ct. H.R. ¶ 123 (2003), https://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&id=002-5004&filename=002-5004.pdf.

5 Case C-157/15, Samira Achbita (Mar. 14, 2017); Case C-188.15, Asma Bougnaoui (Mar. 14, 2017); E.S. v. Austria, App. No. 38450/12, Eur. Ct. H.R. (2018), http://hudoc.echr.coe.int/eng?i=001-187188.