Interim Resolution CM/ResDH(2020)357
Execution of the judgments of the European Court of Human Rights
Yordanova and Others group against Bulgaria
(Adopted by the Committee of Ministers on 3 December 2020
at the 1390th meeting of the Ministers’ Deputies)
Application
Case
Judgment of
Final on
25446/06
YORDANOVA AND OTHERS
24/04/2012
24/09/2012
46577/15
IVANOVA AND CHERKEZOV
21/04/2016
21/07/2016
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 judgments transmitted by the Court to the Committee in these cases and to the potential violations of the applicants’ right to respect for their home or their private and family life as a result of eviction or demolition orders concerning their homes, which were issued and reviewed under a legal framework that did not require a proportionality assessment;
Recalling that the eviction order at issue in the Yordanova and Others judgment can no longer be enforced and that the individual measures concerning any possible new removal order in respect of the applicants are closely linked to the general measures required in these cases;
Noting that the Bulgarian courts now carry out in principle proportionality reviews of demolition orders concerning unlawful dwellings and eviction orders concerning unlawfully occupied public dwellings; finding however that the judicial practice still does not appear sufficiently settled on certain aspects, and that it seems insufficient to create a clear legal framework for proportionality assessment by the administration;
Recalling that the authorities prepared a draft bill in 2019, which provides as a whole an adequate basis for proportionality assessments by the administration and by the courts of eviction and demolition orders, but does not provide for proportionality assessment of demolition orders in situations where the affected persons or their household members have no property rights and have not carried out construction work;
Noting also that recent information indicates that other administrative orders, such as orders prohibiting the use of constructions without authorisation and orders to demolish dangerous buildings can affect persons living in such dwellings in a manner similar to demolition orders concerning unlawful dwellings;
Noting with concern that the process for the adoption of legislative amendments necessary for the implementation of adequate proportionality review of removal orders, by the administration and by the courts, has not progressed at all since the most recent examinations of this group of cases;
Underlining the obligation of every State, under the terms of Article 46, paragraph 1, of the Convention to abide by the final judgments of the European Court in any case to which they are a party, fully, effectively and promptly;
URGED the authorities to specify whether the competent authorities envisage enforcing the demolition order in the Ivanova and Cherkezov case and, if so, whether a proportionality assessment meeting the requirements of the judgment has been carried out;
URGED the authorities to rapidly finalise the legislative process initiated in 2019, and to ensure that all persons affected by a demolition order can benefit from a proportionality assessment (even if they or their household members have no property rights and have not carried out construction work);
INVITED them to ensure that those administrative acts, which in practice have a similar effect on the right to respect for one’s home to eviction or demolition orders, are subject to proportionality review, according to modalities tailored to the relevant risks;
INVITED the authorities to amend, where appropriate, the rules which currently make it particularly difficult for persons living in unlawful dwellings or not having a registered address or persons occupying unlawfully municipal dwellings to apply for municipal housing, so as to facilitate the adoption of measures to ensure proportionality in case of demolition of unlawful dwellings, eviction from municipality owned dwellings or other similar situations;
ENCOURAGED them also to provide information on the availability of municipal housing;
DECIDED to resume consideration of this group of cases at its 1419th meeting (December 2021) (DH).
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