MIROSLAVA TODOROVA v. BULGARIA

2021-10-19 · European Court of Human Rights · Council of Europe

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0Departed from

Relied on since

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What it rests on

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Departed from

No judgment recorded a departure from this one.

Departure is not detected yet, and the gap is deliberate. Searching for the words the Court might use was measured on 1,019 judgments: "depart from" appears 100 times and most often means departing from the facts found by a domestic court; "overruled" appears 44 times, usually about a domestic judgment; "abandon" appears 123 times, most often as abandoned firearms. Tightened to require the Court itself as the subject, precision was still around 40%, the rest being a dissenting judge complaining, or a national supreme court departing from its own case-law. Telling a lawyer an authority is dead when it is alive is worse than saying nothing, so nothing is what this says until each candidate can be judged properly.

not characterised

Most citations carry no word at all. The Court does not always say what it is doing when it cites one of its own judgments, and where it stayed silent nothing is inferred here.