MEIRELLES v. BULGARIA - 66203/10 - HEJUD (French text) [2012] ECHR 2091 (18 December 2012)

MEIRELLES v. BULGARIA - 66203/10 - HEJUD (French text) [2012] ECHR 2091 (18 December 2012)

The Court found that the Bulgarian authorities failed to act with the required urgency in examining the applicant's request for provisional contact measures with her child, resulting in an unjustified delay of over eight months. This failure breached the State's positive obligations under Article 8 to ensure...

Source-derived case information.

Citation
[2012] ECHR 2091
Parties
Applicant: Ivana Meirelles; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Violation of Article 8; No violation of Article 6; Other complaints inadmissible
Legal Topics
Right to Respect for Family Life, Parental Authority, Provisional Measures, Domestic Violence, Reasonable Time for Proceedings
Human Rights Law Family Law Right to Respect for Family Life Parental Authority Provisional Measures Domestic Violence Reasonable Time for Proceedings

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Parties

Ivana Meirelles

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

  1. 1 Whether the authorities failed to promptly examine the applicant's request for provisional contact measures with her child, violating Article 8 of the Convention
  2. 2 Whether the length of the parental authority proceedings violated Article 6 of the Convention

Ratio Decidendi

The Court found that the Bulgarian authorities failed to act with the required urgency in examining the applicant's request for provisional contact measures with her child, resulting in an unjustified delay of over eight months. This failure breached the State's positive obligations under Article 8 to ensure effective respect for family life. The Court found no violation of Article 6 regarding the overall length of the parental authority proceedings, as the duration was not excessive given the complexity and number of judicial levels involved.

Court Disposition

Violation of Article 8; No violation of Article 6; Other complaints inadmissible

Orders

  • The respondent State must pay the applicant 1,500 EUR for non-pecuniary damage within three months, plus any tax due.
  • The respondent State must pay the applicant 2,500 EUR for costs and expenses within three months, plus any tax due.