Judicial decisions that remain only on paper are in many ways violating the ECHR

JUDGMENT

Velkova v. Bulgaria 13-07-2017 (no. 1849/08)

see here  

SUMMARY

Non-execution of a court order for nine years. Violation of the fair trial. Under the irrevocable court order, the municipal authorities should have allowed the applicant to buy part of a shopping center from the municipality. However, the municipal authorities did not comply with the court decision.

The ECtHR has condemned Bulgaria for violating the applicant’s fair trial and property rights.

PROVISION

Article 6 § 1

PRINCIPAL FACTS 

The applicant, Tatyana Velkova, is a Bulgarian national who was born in 1966 and lives in Sofia. The case concerned her complaint that the municipal authorities had failed to duly implement a court order, ordering it to allow her to purchase some of the authority’s property.

In February 2004, the Kardzhali Municipal Council was ordered by the Regional Court to open a privatisation procedure, under which it would offer Ms Velkova the option to purchase the first floor of the city’s shopping centre. The ruling was upheld by the Supreme Administrative Court in a final decision in February 2005. However, though Ms Velkova had been able to purchase part of the premises in 2008, the municipal authorities refused to grant her the option to buy the whole of the first floor until December 2013. She sought a remedy for this failure in particular through administrative proceedings for damages – but was unsuccessful.

Relying on Article 6 § 1 (right to a fair hearing) and Article 1 of Protocol No. 1 (protection of property), Ms Velkova complained that the municipal council had failed to comply with a final judgment in her favour for nine and a half years. Relying on Article 13 (right to an effective remedy) in conjunction with Article 6 § 1 and Article 1 of Protocol No. 1, she complained of the absence of an effective domestic remedy in respect of her complaint.

THE DECISION OF THE COURT 

Violation of Article 6 § 1

Violation of Article 1 of Protocol No. 1

Violation of Article 13 in conjunction with Article 6 § 1

Violation of Article 13 in conjunction with Article 1 of Protocol No. 1

Just satisfaction: EUR 20,000 (all heads of damage), and EUR 6,424  for costs and expenses (echrcaselaw.com editing). 


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