ÇINI AND OTHERS v. ALBANIA

Published on 15 April 2024

THIRD SECTION

Application no. 32645/16
Hajro ÇINI and Others
against Albania
lodged on 6 July 2016
communicated on 27 March 2024

SUBJECT MATTER OF THE CASE

The application concerns the failure of the authorities to enforce two administrative decisions, which recognised the applicants’ common ancestor H. Ç. ownership title over two plots of land and their right to restitution of the plots.

On 25 and 27 June 2008 the Vlora regional Agency for Restitution and Compensation of Property (the Property Agency) recognised the applicants’ joint inherited rights over two plots of land in Saranda and ordered their restitution. On 9 and 29 March 2012 the Saranda District Court issued the respective enforcement orders. On 16 April 2012 the applicants submitted the case to a bailiff’s office to obtain the enforcement orders’ registration. On 18 April 2012 the bailiff’s office initiated the enforcement proceedings and requested the Saranda Regional Land Register to register the applicants’ ownership title on the plots of land.

The Saranda Regional Land Register has repeatedly refused to register the applicants’ ownership titles referring to the difficulties in identifying the locations and boundaries of the plots of land due to their insufficiently clear description in the Property Agency’s decisions.

On 26 February 2016 a restriction order was issued concerning the land plots in question by the Task Force of the Prime Minister’s Office.

Based on the latest update provided by the applicants, the Regional Land Register informed them in November 2016, that it was still awaiting instructions from its central office about the registration of their properties.

To date, it would appear that the ownership title registration proceedings are still pending before the Land Register.

Relying on Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention the applicants complain that there has been a breach of their property rights as a result of the non-enforcement of the 2008 Property Agency decisions. They further complain about the length of the enforcement proceedings. Under Article 13 of the Convention, they claim that they don’t have an effective remedy to address the non-enforcement of their property titles.

QUESTIONS TO THE PARTIES

1.  Is the length of the proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention (see Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII)?

2.  In view of the failure of the Land Register to proceed with the registration of the applicants’ ownership title and the restriction order of 26 February 2016:

(a) Has there been a violation of Article 6 § 1 of the Convention (see Burdov v. Russia (no. 2), no. 33509/04, § 66, ECHR 2009, and Sharxhi and others v. Albania, no.10613/16, § 92, 11 January 2018)? In particular, have the applicants been adequately informed about the reasons for the non-registration, and the status of the plots of land in question?

(b) Has there been a violation of the applicants’ right to property under Article 1 of Protocol No. 1 to the Convention (see Fuklev v. Ukraine, no. 71186/01, §§ 90-91, 7 June 2005, and Bushati and Others v. Albania, no. 6397/04, §§ 92-94, 8 December 2009)? Have the applicants obtained, or taken any steps to obtain, possession of the plots of land in question?

3. Have the applicants at their disposal an effective domestic remedy as required by Article 13 of the Convention, that would allow adequate and sufficient redress for prolonged non-enforcement of the Property Agency’s decisions (see Gjyli v. Albania, no. 32907/07, §§ 53-54, 29 September 2009, Mishgjoni v. Albania, no. 18381/05, §§ 68-73, 7 December 2010, and Luli and Others v. Albania, nos. 64480/09 and 5 others, § 79, 1 April 2014)? In particular, were the applicants required to lodge an action under Article 399/1 et seqq. of the Code of Civil Procedure?

The parties are invited to provide copies of all the relevant documents.

APPENDIX

Application no. 32645/16