SVERNEI v. THE REPUBLIC OF MOLDOVA - 42787/19 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2021] ECHR 868 (19 October 2021)

SVERNEI v. THE REPUBLIC OF MOLDOVA - 42787/19 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2021] ECHR 868 (19 October 2021)

The Moldovan authorities did not act with the exceptional diligence required in such cases and failed to take all reasonable measures to maintain the applicant's family ties, violating their positive obligations under Article 8 ECHR.

Source-derived case information.

Citation
[2021] ECHR 868
Parties
Applicant: Igor Svernei; Respondent: The Republic of Moldova
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction
Outcome
Violation of Article 8 ECHR found; just satisfaction awarded.
Legal Topics
Right to Respect for Private and Family Life, Parental Visitation Rights, State Positive Obligations, Article 8 ECHR
Human Rights Law Family Law Right to Respect for Private and Family Life Parental Visitation Rights State Positive Obligations Article 8 ECHR

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Parties

Igor Svernei

Applicant

The Republic of Moldova

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Just Satisfaction

  1. 1 Whether Moldovan authorities failed to take adequate measures to ensure the applicant's right to maintain contact with his son under Article 8 ECHR

Ratio Decidendi

The Moldovan authorities did not act with the exceptional diligence required in such cases and failed to take all reasonable measures to maintain the applicant's family ties, violating their positive obligations under Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; just satisfaction awarded.

Orders

  • Grievance under Article 8 declared admissible.
  • Violation of Article 8 ECHR declared.