Resolution CM/ResDH(2011)7[1]
Execution of the judgment of the European Court of Human Rights
Zeleni Balkani against Bulgaria
(Application No. 63778/00, judgment of 12 April 2007, final on 12 July 2007)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violations of the Convention found by the Court in this case concern the unlawful prohibition of a public assembly (violation of Article 11) and the lack of an effective remedy against this prohibition (Article13) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix) that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2011)7
Information about the measures to comply with the judgment in the case of
Zeleni Balkani against Bulgaria
Introductory case summary
This case concerns the violation of the applicant organisation’s right of peaceful assembly, related to environmental issues, due to an unlawful municipal decision to ban a rally it had planned for 19/04/2000 (violation of Article 11).
The case also concerns lack of an effective remedy against this prohibition (violation of Article 13). In this context, the European Court noted that the applicant organisation’s use of the existing appeal procedure under the Meetings and Marches Act had been ineffective, as the domestic court decision declaring the municipality’s prohibition null and void was not delivered within the prescribed time-limit of five days but almost a year after the planned event. One of the reasons for this delay was that the municipality had omitted to forward the applicant organisation’s appeal against the prohibition to the competent court. In addition, the European Court observed that the applicant organisation had had no right to seek redress for the unlawful actions of the municipality.
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
2 500 EUR
1 500 EUR
4 000 EUR
Paid on 11/10/2007
b) Individual measures
The European Court awarded the applicant organisation just satisfaction in respect of the non-pecuniary damage sustained.
Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
As far as the violation of Article 11 is concerned, the Government considers that it is of an isolated character and that no specific measures are required in this respect, apart from the translation and the publication of the judgment. The judgment of the European Court was translated and published on the internet site of the Ministry of Justice .
As regards the violation of Article 13, the Meetings and Marches Act was amended in 2010. According to the amended provisions, organisers of meetings and demonstrations to take place outdoors must inform the mayor of the municipality concerned in writing at least 48 hours in advance. The mayor may ban a meeting for the reasons set out in the law, no later that 24 hours after the notification by the organisers. The mayor’s decision to ban the event may be appealed before the competent administrative court. The administrative court must give its decision, which is final, within 24 hours. In addition, the 2010 amendments to the Meeting and Marches Act removed the reference to a review body that had ceased to exist, which was creating confusion as to the procedure to be followed.
III.Conclusions of the respondent state
The government considers that no individual measure is required, apart from the payment of the just satisfaction and that the general measures adopted will prevent similar violations and that Bulgaria has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 10 March 2011 at the 1108th Meeting of the Ministers’ Deputies
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