A.v. v. ITALY - 36936/18 (Judgment : Right to respect for private and family life : First Section Committee) French Text [2020] ECHR 892 (10 December 2020)

A.v. v. ITALY - 36936/18 (Judgment : Right to respect for private and family life : First Section Committee) French Text [2020] ECHR 892 (10 December 2020)

The Court found that Italian authorities failed to take timely and adequate measures to enforce the applicant's visitation rights, allowing a de facto situation contrary to judicial decisions to persist for years. Despite the existence of an adequate legal framework, the authorities did not act with sufficient...

Source-derived case information.

Citation
[2020] ECHR 892
Parties
Applicant: A. V.; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Violation of Article 8 ECHR found; partial award of just satisfaction.
Legal Topics
Right to Respect for Private and Family Life, Parental Visitation Rights, State Positive Obligations, Delay in Enforcement of Judicial Decisions
Human Rights Law Family Law Right to Respect for Private and Family Life Parental Visitation Rights State Positive Obligations Delay in Enforcement of Judicial Decisions

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Parties

A. V.

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the Italian authorities failed to take adequate and timely measures to enforce the applicant's right of access to his child as required by Article 8 of the Convention
  2. 2 Whether delays and fragmentation in proceedings violated the applicant's right to respect for family life

Ratio Decidendi

The Court found that Italian authorities failed to take timely and adequate measures to enforce the applicant's visitation rights, allowing a de facto situation contrary to judicial decisions to persist for years. Despite the existence of an adequate legal framework, the authorities did not act with sufficient diligence to maintain family ties, violating Article 8 of the Convention.

Court Disposition

Violation of Article 8 ECHR found; partial award of just satisfaction.

Orders

  • The State must pay the applicant 10,000 EUR for non-pecuniary damage within three months, plus tax if applicable.
  • The State must pay the applicant 5,000 EUR for costs and expenses within three months, plus tax if applicable.