MILADINOVA v. BULGARIA - 31604/17 (Judgment : Preliminary objection joined to merits and dismissed : Third Section) French Text [2023] ECHR 118 (07 February 2023)

MILADINOVA v. BULGARIA - 31604/17 (Judgment : Preliminary objection joined to merits and dismissed : Third Section) French Text [2023] ECHR 118 (07 February 2023)

The Court found that the reopening of the criminal proceedings by the prosecution, while the applicant's civil claim for damages was pending, placed her at a clear disadvantage, as the prosecution could unilaterally influence the outcome of the civil proceedings without sufficient procedural safeguards or judicial...

Source-derived case information.

Citation
[2023] ECHR 118
Parties
Applicant: Lilia Nikolaevna Miladinova; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Preliminary Objection
Outcome
Violation of Article 6 § 1 ECHR found.
Legal Topics
Access to Court, Right to Fair Trial, State Liability for Unlawful Prosecution, Reopening of Criminal Proceedings, Proportionality of Procedural Restrictions
Human Rights Law Civil Procedure Criminal Procedure Access to Court Right to Fair Trial State Liability for Unlawful Prosecution Reopening of Criminal Proceedings Proportionality of Procedural Restrictions

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Parties

Lilia Nikolaevna Miladinova

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits and Preliminary Objection

  1. 1 Whether reopening of criminal proceedings during pending civil damages action violated applicant's right of access to a court under Article 6 § 1 ECHR
  2. 2 Whether the restriction imposed was proportionate and justified

Ratio Decidendi

The Court found that the reopening of the criminal proceedings by the prosecution, while the applicant's civil claim for damages was pending, placed her at a clear disadvantage, as the prosecution could unilaterally influence the outcome of the civil proceedings without sufficient procedural safeguards or judicial review. The restriction on access to a court was not proportionate to the legitimate aims pursued, violating Article 6 § 1 ECHR.

Court Disposition

Violation of Article 6 § 1 ECHR found.

Orders

  • State to pay applicant 7.50 EUR for pecuniary damage, 3,600 EUR for non-pecuniary damage, and 2,500 EUR for costs and expenses, all plus any applicable tax, within three months, with default interest thereafter.
  • Remainder of the claim for just satisfaction dismissed.