VINCI CONSTRUCTION AND GTM GÉNIE CIVIL ET SERVICES v. FRANCE

2015-04-02 · European Court of Human Rights · Council of Europe

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Relied on since

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What it rests on

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Departed from

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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

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