Guzzardi v Italy 7367/76 (1980) ECHR 5: Difference between revisions

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[http://www.bailii.org/eu/cases/ECHR/1980/5.html Bailii]
[http://www.bailii.org/eu/cases/ECHR/1980/5.html Bailii]


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[[Category:ECHR deprivation of liberty cases]]
[[Category:ECHR deprivation of liberty cases]]

Revision as of 21:29, 26 May 2015

Article 5(1) is not concerned with mere restrictions on liberty of movement; the starting point must be the concrete situation and account must be taken of a whole range of criteria such as the type, duration, effects and manner of implementation of the measure; the difference between deprivation of and restriction upon liberty is merely one of degree or intensity, and not one of nature or substance.

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