Jana MAZI v Slovenia - 3760/07 [2011] ECHR 2040 (22 November 2011)
The case was struck out because the applicant and the Government reached a settlement, the applicant wished to withdraw her application, and there was no reason of public interest to continue examination.
Source-derived case information.
- Citation
- [2011] ECHR 2040
- Parties
- Applicant: Jana Mazi; Respondent: Slovenian Government
- Jurisdiction
- European Union
- Procedural Posture
- Application to European Court of Human Rights / Struck Out Following Settlement
- Outcome
- Struck out
- Legal Topics
- Right to a Fair Trial, Excessive Length of Proceedings, Effective Remedy
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jana Mazi
Applicant
Slovenian Government
Respondent
Procedural Posture
Application to European Court of Human Rights / Struck Out Following Settlement
Legal Issues
- 1 Whether the length of proceedings violated Article 6 § 1 of the Convention
- 2 Whether there was a lack of effective domestic remedy in violation of Article 13 of the Convention
Ratio Decidendi
The case was struck out because the applicant and the Government reached a settlement, the applicant wished to withdraw her application, and there was no reason of public interest to continue examination.
Court Disposition
Struck out
Orders
- Application struck out of the list of cases
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Jana MAZI v Slovenia - 3760/07 [2011] ECHR 2040 (22 November 2011) URL: https://www.bailii.org/eu/cases/ECHR/2011/2040.html Cite as: [2011] ECHR 2040 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FIFTH SECTION DECISION Application no. 3760/07 by Jana MAZI against Slovenia The European Court of Human Rights (Fifth Section), sitting on 22 November 2011 as a Committee composed of: Ann Power-Forde, President, Boštjan M. Zupančič, Angelika Nußberger, judges, and Stephen Phillips , Deputy Section Registrar , Having regard to the above application lodged on 22 December 2006, Having regard to the Government’s settlement proposal made to the applicant, Having deliberated, decides as follows: PROCEDURE The applicant, Ms Jana Mazi, is a Slovenian national who was born in 1958 and lives in Nova Gorica. She was represented before the Court by Mr A. Zabjek, a lawyer practising in Ljubljana. The Slovenian Government (“the Government ” ) were represented by their Agent. The applicant was a party to three sets of proceedings. One of them was finally resolved less than three months after the implementation of the 2006 Act on the Protection of the Right to a Trial without Undue Delay (“the 2006 Act”). The applicant complained under Article 6 § 1 of the Convention about the excessive length of proceedings and under Article 13 of the Convention about the lack of an effective domestic remedy in that regard. Furthermore, the applicant claimed that in all three sets of proceedings also her rights under Articles 1, 5, 7, 8 and 17 of the Convention have been violated, without specifying these claims in any respect. A fter the Government had been given notice of the application, they informed the Court that they had made a settlement proposal to the applicant. The applicant subsequently informed the Court that she had reached a settlement with the State Attorney’s Office and that she wished to withdraw her application introduced before the Court. THE LAW The Court takes note that following the settlement reached between the parties the matter has been resolved at the domestic level and that the applicant wishes to withdraw her application. It is satisfied that respect for human rights as defined in the Convention or its Protocols does not require the examination of the application to be continued (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to strike the case out of the list in accordance with Article 37 § 1 (a) of the Convention. For these reasons, the Court unanimously Decides to strike the application out of its list of cases. Stephen Phillips Ann Power-Forde Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2011/2040.html