Resolution CM/ResDH(2021)212
Execution of the judgment of the European Court of Human Rights
L.D. and P.K. against Bulgaria
(Adopted by the Committee of Ministers on 7 October 2021
at the 1413th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
7949/11+
L.D. AND P.K.
08/12/2016
08/03/2017
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 this case and to the violation established on account of the statutory inability for the applicants, putative biological fathers of children born outside of marriage, to challenge declarations of recognition of paternity made by other men and to have their own paternity established (violation of Article 8);
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide 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 the above-mentioned obligation;
Having examined the action report provided by the government, indicating the measures adopted to give effect to the judgment, including the information provided on the adopted legislative amendments to the Family Code which provide for the possibility for any person who claims to be the parent of the recognized child to contest the parentage link established by recognition within one year after becoming aware of it, as well as the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)55);
Noting that the issue of the lack of sufficient examination of certain facts and the lack of sufficient balancing of different interests in court proceedings brought to contest the recognition of another man’s paternity will continue to be examined in the Koychev case;
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.
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