ACHIM v. ROMANIA - 45959/11 (Judgment : Remainder inadmissible (Art. 35) Admissibility criteria (Art. 35-1) Exhaustion of domestic remedies No violation of Article 8...) French Text [2017] ECHR 942 (24 October 2017)

ACHIM v. ROMANIA - 45959/11 (Judgment : Remainder inadmissible (Art. 35) Admissibility criteria (Art. 35-1) Exhaustion of domestic remedies No violation of Article 8...) French Text [2017] ECHR 942 (24 October 2017)

The Court found that the applicants failed to exhaust domestic remedies regarding the emergency placement, rendering that part inadmissible. Regarding the temporary placement and its maintenance, the Court held that the interference was prescribed by law, pursued the legitimate aim of protecting the children's...

Source-derived case information.

Citation
[2017] ECHR 942
Parties
Applicant: Angela Achim; Applicant: Nicolae Achim; Respondent: Government of Romania
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Admissibility and Merits
Outcome
Remainder of application inadmissible; no violation of Article 8 found
Legal Topics
Right to Respect for Family Life, Child Protection, State Intervention in Family, Exhaustion of Domestic Remedies, Temporary Placement of Children
Human Rights Law Family Law Right to Respect for Family Life Child Protection State Intervention in Family Exhaustion of Domestic Remedies Temporary Placement of Children

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Parties

Angela Achim

Applicant

Nicolae Achim

Applicant

Government of Romania

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Admissibility and Merits

  1. 1 Whether the temporary placement of applicants' children and refusal to end placement despite improved living conditions violated Article 8 of the Convention
  2. 2 Whether the applicants exhausted domestic remedies regarding the emergency placement

Ratio Decidendi

The Court found that the applicants failed to exhaust domestic remedies regarding the emergency placement, rendering that part inadmissible. Regarding the temporary placement and its maintenance, the Court held that the interference was prescribed by law, pursued the legitimate aim of protecting the children's welfare, and was proportionate. Authorities acted with due diligence, regularly reviewed the situation, and prioritized family reunification once conditions allowed. No violation of Article 8 was found.

Court Disposition

Remainder of application inadmissible; no violation of Article 8 found