Anastasov and Others v. Slovenia - 65020/13 (erased people) [2016] ECHR 1013 (17 November 2016)

Anastasov and Others v. Slovenia - 65020/13 (erased people) [2016] ECHR 1013 (17 November 2016)

The Court found that Slovenia's enactment and implementation of the 'Erased' Compensation Act, including the ad hoc compensation scheme and other forms of redress, adequately addressed the systemic violation identified in the pilot judgment. The scheme provides reasonable prospects for compensation and is compatible...

Source-derived case information.

Citation
[2016] ECHR 1013
Parties
Applicant: Applicants (212 'erased' persons); Respondent: Republic of Slovenia
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Pilot Judgment Follow Up / Post Pilot Judgment, Assessment of Compliance and Redress
Outcome
Application struck out; matter resolved under Article 37 § 1(b)
Legal Topics
Right to Private and Family Life, Non Discrimination, Effective Remedy, Compensation for State Actions, Pilot Judgment Procedure
Human Rights Administrative Law Constitutional Law Right to Private and Family Life Non Discrimination Effective Remedy Compensation for State Actions Pilot Judgment Procedure

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Parties

Applicants (212 'erased' persons)

Applicant

Republic of Slovenia

Respondent

Procedural Posture

European Court of Human Rights Pilot Judgment Follow Up / Post Pilot Judgment, Assessment of Compliance and Redress

  1. 1 Whether Slovenia provided adequate redress for the 'erased' persons following the pilot judgment
  2. 2 Compatibility of the domestic compensation scheme with Convention requirements
  3. 3 Effectiveness and sufficiency of remedies for violations of Articles 8, 13, and 14

Ratio Decidendi

The Court found that Slovenia's enactment and implementation of the 'Erased' Compensation Act, including the ad hoc compensation scheme and other forms of redress, adequately addressed the systemic violation identified in the pilot judgment. The scheme provides reasonable prospects for compensation and is compatible with Convention requirements, considering the margin of appreciation and subsidiarity. The matter has been resolved within the meaning of Article 37 § 1(b) of the Convention, and further examination is not justified.

Court Disposition

Application struck out; matter resolved under Article 37 § 1(b)

Orders

  • No further examination; applicants may pursue compensation under domestic scheme
  • Court reserves right to restore applications if circumstances justify