On 3 September, the Committee of Ministers ended its supervision of the execution of the Meng v. Germany judgment, where the Court found a violation of the applicant’s right to the determination of a criminal charge against her by an impartial tribunal due to the fact that the presiding judge of the Darmstadt Regional Court, which convicted her in 2014 for her husband’s murder, had earlier sat in separate proceedings before the same court concerning her co-accused, which had resulted in a judgment making extensive factual findings and legal qualifications prejudging the applicant’s guilt (violation of Article 6 § 1).
The newly established domestic courts’ case-law, notably from the Federal Supreme Court and the Federal Constitutional Court, shows that the requirements deriving from the Convention and the European Court’s case-law are now adequately taken into account by domestic courts, ensuring that the right to the determination of a criminal charge by an impartial tribunal is guaranteed in similar cases.
Final resolution CM/ResDH(2025)188
