MARIYKA POPOVA AND ASEN POPOV v. BULGARIA - 11260/10 (Judgment : No Article 6 - Right to a fair trial : Fifth Section) French Text [2019] ECHR 289 (11 April 2019)

MARIYKA POPOVA AND ASEN POPOV v. BULGARIA - 11260/10 (Judgment : No Article 6 - Right to a fair trial : Fifth Section) French Text [2019] ECHR 289 (11 April 2019)

The Court found that although there was a deep and persistent divergence in Supreme Court jurisprudence affecting the applicants, the internal mechanism to resolve such divergence was available, triggered within a reasonable time, and led to uniformity. The principle of legal certainty was not breached and there was...

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Citation
[2019] ECHR 289
Parties
Applicant: Mariyka Todorova Popova; Applicant: Asen Asparuhov Popov; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
application dismissed
Legal Topics
Right to a Fair Trial, Judicial Divergence, Security of Legal Expectations
Civil Procedure Human Rights Right to a Fair Trial Judicial Divergence Security of Legal Expectations

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Parties

Mariyka Todorova Popova

Applicant

Asen Asparuhov Popov

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether persistent divergence in Supreme Court jurisprudence violates Article 6 § 1 ECHR
  2. 2 Whether the mechanism for resolving jurisprudential divergence was timely and effective

Ratio Decidendi

The Court found that although there was a deep and persistent divergence in Supreme Court jurisprudence affecting the applicants, the internal mechanism to resolve such divergence was available, triggered within a reasonable time, and led to uniformity. The principle of legal certainty was not breached and there was no violation of Article 6 § 1 ECHR.

Court Disposition

application dismissed

Orders

  • The application is declared admissible.
  • There is no violation of Article 6 § 1 of the Convention.