Resolution CM/ResDH(2013)44[1]
Backović against Serbia
Execution of the judgment of the European Court of Human Rights
(Application No. 47997/06, judgment of 07/02/2012, final on 07/05/2012)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgment transmitted by the Court to the Committee in the above case and to the established (see document DH-DD(2012)890E);
Recalling that the respondent State’s obligation under Article 46, paragraph 1, of the Convention to abide to by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with its above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2012)890E);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
BACKOVIC vs.SERBIA
Applications no.47997/06
ECHR Second Section Judgment of 7 February 2012,final on 7 May 2012
ACTION REPORT
Case description
The case concerns the violation of the applicant’s right to access to a court in that he had no possibility to seek judicial review of the administrative authorities’ refusal to register an easement (violation of Article 6§1).
PaymentDate
Court dismissed the applicant’s claim for just satisfaction and awarded
the sum of EUR 1,000 for the costs of the proceedings before it.11/06/2012
Dissemination and Publication Date
The judgment has been published in the Official Gazette of the 24/2/2012
Republic of Serbia, no. 13/2012 and published on the homepage of the
Ministry of Justice
General measures
Date
The Court noted that the Cadastre Act of 2009 (Zakon o državnom premeru i katastru; published in OG RS nos. 72/09 and 18/10) was adopted after the facts of this case occurred (see §§22-23 of the judgment). This Cadastre Act of 2009 entered into force on 11 September 2009, thereby repealing the Cadastre Act of 1992 in force when the facts of this case took place. Pursuant to the provision of Article 180§1of the Cadastre Act of 2009,all second instance decisions made on the basis of this law shall be subject to judicial review by means of an administrative dispute. It is therefore possible now to seek judicial review of the administrative authorities’ refusal to register an easement.
September 2009
Individual measures
The applicant’s request to register the easement in question was allowed by the Cadastre Service in Somber, by the decision of 3 May 2011. There are no other individual measures that should be undertaken in the instant case.
CONCLUSION
In view of the above facts, the Government of Serbia considers that the measures adopted have fully remedied the consequences of the violation of the Convention found by the European Court in this case. The new Cadastre Act that entered into force in September 2009 will prevent similar violations in future. Serbia has thus complied with its obligations under Article 46 paragraph 1of the Convention.
In Belgrade,20 September 2012
Respectfully submitted,
Slavoljub Carić
Agent of the Government
of the Republic of Serbia
[1] Adopted by the Committee of Ministers on 7 March 2013 at the 1164th meeting of the Ministers’ Deputies.
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