GYOSHEV AND OTHERS v. BULGARIA - 46257/11 (Judgment : Article 6 - Right to a fair trial : Fifth Section Committee) French Text [2018] ECHR 536 (21 June 2018)

GYOSHEV AND OTHERS v. BULGARIA - 46257/11 (Judgment : Article 6 - Right to a fair trial : Fifth Section Committee) French Text [2018] ECHR 536 (21 June 2018)

Bulgarian law, as applied at the relevant time, excluded judicial review of administrative fines below 50 BGN, violating applicants' right to a fair trial under Article 6 ECHR. The punitive nature of the sanctions rendered Article 6 applicable. The subsequent constitutional court decision did not retroactively...

Source-derived case information.

Citation
[2018] ECHR 536
Parties
Applicant: Kristian Dimitrov Gyoshev; Applicant: Denislava Antonova Peycheva; Applicant: Ivo Vasilev Tashev; Applicant: Teodor Yulianov Rusanov; Applicant: Mihail Mihaylov Milanov; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Human Rights Application / Final Judgment
Outcome
violation found
Legal Topics
Right to a Fair Trial, Access to Court, Administrative Sanctions, Judicial Review, Article 6 ECHR
Human Rights Administrative Law Criminal Law Right to a Fair Trial Access to Court Administrative Sanctions Judicial Review Article 6 ECHR

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Parties

Kristian Dimitrov Gyoshev

Applicant

Denislava Antonova Peycheva

Applicant

Ivo Vasilev Tashev

Applicant

Teodor Yulianov Rusanov

Applicant

Mihail Mihaylov Milanov

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether exclusion of judicial review for minor administrative sanctions violates Article 6 ECHR
  2. 2 Whether applicants lost victim status due to subsequent constitutional court decision
  3. 3 Whether applicants failed to exhaust domestic remedies

Ratio Decidendi

Bulgarian law, as applied at the relevant time, excluded judicial review of administrative fines below 50 BGN, violating applicants' right to a fair trial under Article 6 ECHR. The punitive nature of the sanctions rendered Article 6 applicable. The subsequent constitutional court decision did not retroactively remedy the violation or remove victim status. Domestic remedies were unavailable or ineffective.

Court Disposition

violation found

Orders

  • Requests joined and declared admissible.
  • Exception of non-exhaustion of domestic remedies rejected.