Resolution CM/ResDH(2020)244
Execution of the judgment of the European Court of Human Rights
Valkova against Bulgaria
(Adopted by the Committee of Ministers on 3 December 2020
at the 1390th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
48149/09
VALKOVA
10/01/2019
10/01/2019
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 of the applicant’s right to access to a court due to the dismissal of her inheritance claim exclusively on the basis of retroactive application of a new interpretative decision of the Supreme Court of Cassation introducing an unforeseeable procedural requirement for such claims (violation of Article 6, paragraph 1);
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 regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2020)926);
Having noted that the question of the general measures required to avoid similar violations of the right to access to a court has already been examined in the framework of the execution of the Petko Petkov case (Final Resolution CM/ResDH(2014)261);
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.
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