VARADINOV v. BULGARIA - 15347/08 (Judgment : Preliminary objection dismissed (Article 35-3-b - No significant disadvantage Case duly considered by a domestic tribunal) Pr...) French Text [2017] ECHR 840 (05 October 2017)

VARADINOV v. BULGARIA - 15347/08 (Judgment : Preliminary objection dismissed (Article 35-3-b - No significant disadvantage Case duly considered by a domestic tribunal) Pr...) French Text [2017] ECHR 840 (05 October 2017)

The exclusion of judicial review for administrative sanctions, even of minor amount, violated the applicant's right of access to a court under Article 6 ECHR. The subsequent constitutional court decision did not remedy the violation for the applicant, as it had only prospective effect and no domestic remedy was...

Source-derived case information.

Citation
[2017] ECHR 840
Parties
Applicant: Pavel Georgiev Varadinov; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits and Preliminary Objections
Outcome
violation of Article 6 ECHR found; partial award of costs; no award for non-pecuniary damage beyond finding of violation
Legal Topics
Right of Access to a Court, Judicial Review of Administrative Sanctions, Article 6 ECHR, Effect of Constitutional Court Decisions, Satisfaction for Non Pecuniary Damage
Human Rights Law Administrative Law Constitutional Law Right of Access to a Court Judicial Review of Administrative Sanctions Article 6 ECHR Effect of Constitutional Court Decisions Satisfaction for Non Pecuniary Damage

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Pavel Georgiev Varadinov

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

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

  1. 1 Whether exclusion of judicial review for minor administrative sanctions violates Article 6 ECHR
  2. 2 Whether the applicant lost victim status after a subsequent constitutional court decision
  3. 3 Whether domestic remedies were exhausted

Ratio Decidendi

The exclusion of judicial review for administrative sanctions, even of minor amount, violated the applicant's right of access to a court under Article 6 ECHR. The subsequent constitutional court decision did not remedy the violation for the applicant, as it had only prospective effect and no domestic remedy was available to reopen the case or obtain compensation.

Court Disposition

violation of Article 6 ECHR found; partial award of costs; no award for non-pecuniary damage beyond finding of violation

Orders

  • Exception of non-exhaustion of domestic remedies joined to merits and rejected
  • Application declared admissible