BARNEA AND CALDARARU v. ITALY - 37931/15 (Judgment : Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life)) French Text [2017] ECHR 585 (22 June 2017)

BARNEA AND CALDARARU v. ITALY - 37931/15 (Judgment : Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life)) French Text [2017] ECHR 585 (22 June 2017)

The Italian authorities failed to take adequate and sufficient measures to respect the applicants' right to family life, both by ordering the child's placement for adoption without exhausting less intrusive alternatives and by failing to execute court orders for reunification, resulting in a violation of Article 8...

Source-derived case information.

Citation
[2017] ECHR 585
Parties
Applicant: Versavia Catinca Barnea; Applicant: Viorel Barnea; Applicant: Elvis Mauroius Caldararu; Applicant: Sergiu Andrei Caldararu; Applicant: M. S. Caldararu; Applicant: C.; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 8 ECHR found
Legal Topics
Right to Respect for Private and Family Life, Child Protection, State Obligations, Family Reunification, Adoption Procedures
Human Rights Law Family Law Right to Respect for Private and Family Life Child Protection State Obligations Family Reunification Adoption Procedures

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Parties

Versavia Catinca Barnea

Applicant

Viorel Barnea

Applicant

Elvis Mauroius Caldararu

Applicant

Sergiu Andrei Caldararu

Applicant

M. S. Caldararu

Applicant

C.

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether the removal and prolonged placement of the applicants' child in foster care, and the failure to promptly reunite the family, violated Article 8 of the European Convention on Human Rights

Ratio Decidendi

The Italian authorities failed to take adequate and sufficient measures to respect the applicants' right to family life, both by ordering the child's placement for adoption without exhausting less intrusive alternatives and by failing to execute court orders for reunification, resulting in a violation of Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found

Orders

  • The State must pay the applicants jointly 40,000 EUR for non-pecuniary damage.
  • The State must pay the applicants jointly 15,175 EUR for costs and expenses.