FOURTH SECTION
DECISION
Application no. 21360/21
FOND ZA HUMANITARNO PRAVO against Serbia
and 5 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 12 October 2023 as a Committee composed of:
Faris Vehabović, President,
Anja Seibert-Fohr,
Anne Louise Bormann, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of constitutional proceedings were communicated to the Serbian Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above‑mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 16 November 2023.
Viktoriya Maradudina Faris Vehabović
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth/registration
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1] 2
Amount awarded for costs and expenses
per application
(in euros)3
21360/21
15/04/2021
FOND ZA
HUMANITARNO PRAVO
1993
Pavlović Mihailo
Belgrade
01/08/2023
29/03/2023
1,200
250
45978/21
17/08/2021
Srđan PETROVIĆ
1981
Stamenković Radmila
Belgrade
01/08/2023
30/05/2023
1,200
250
34221/22
05/07/2022
Ranko ĐURAŠKOVIĆ
1985
Katanić Arsenije
Novi Sad
01/08/2023
19/06/2023
1,500
250
35064/22
08/07/2022
Vladimir STOJANOVIĆ
1941
01/08/2023
08/06/2023
3,000
-
35140/22
08/07/2022
Stojan DUNJIĆ
1939
Lazarević Milan
Belgrade
01/08/2023
16/05/2023
3,600
250
38683/22
30/07/2022
Vladimir MILOŠEVIĆ
1971
Jeremić Dijana
Čačak
01/08/2023
02/06/2023
1,500
250
1 Plus any tax that may be chargeable to the applicants.
2 Less any amounts which may have already been paid in that regard at the domestic level.
3 Plus any tax that may be chargeable to the applicants.
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