CYIL 2014

DO LEGAL PERSONS HAVE THE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE? in this respect were rendered by the Court only in the beginning of the twenty-first century. For example, the right to respect for “home” first was spread to business premises of individuals, and only a few years later was confirmed in respect to a legal entity. Nowadays, there exist a number of cases where the Court has dealt with the right to a name 51 or the right to a reputation. 52 Taking into account the fact that the Convention is a living instrument, it is possible to expect expansion of these and some other rights also to legal persons. The rights of businesses may come into play in particular in the light of the extension of the legislation on corporate criminal liability in the Council of Europe member states. Given that the right to name and reputation are the elements of the right to private life, there exists a chance that the right to respect for “private life” finally will be guaranteed to legal persons.

51 Garnaga v. Ukraine , no. 20390/07, § 40, 16 May 2013 and Znamenskaya v. Russia , no. 77785/01, § 23, 2 June 2005. 52 The right to reputation was discussed by the Court in the cases Căşuneanu v. Romania , no. 22018/10, § 80, 16 April 2013, Petrina v. Romania , no. 78060/01, § 27-29 and 34-36, 14 October 2008; A. v. Norway , no. 28070/06, § 63-65, 9 April 2009; Von Hannover v. Germany (no. 2) [GC], nos. 40660/08 and 60641/08, § 95-99, ECHR 2012; and Axel Springer AG v. Germany [GC], no. 39954/08, § 78-95, 7 February 2012 .

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