Published on 12 July 2021
FIFTH SECTION
Applications nos. 53030/19 and 31378/20
Nadezhda KITANOVSKA against North Macedonia
and Dimitar BARBULOVSKI against North Macedonia
lodged on 3 October 2019 and 10 July 2020 respectively
communicated on 21 June 2021
SUBJECT MATTER OF THE CASE
The applications concern proceedings in which the applicants’ objections to payment orders issued by a notary public were rejected by two court levels for not being submitted by a lawyer, as required by the relevant domestic law, but by the applicants themselves. Section 68 of the Notary Act, as applied by the domestic courts, requires mandatory legal representation in such proceedings, except when the State is the creditor, regardless of the amount at stake. The payment order for the first applicant was in the amount of 6,329 denars (approximately 103 euros) plus procedural costs and a statutory interest, and for the second applicant 1,054 denars (approximately 17 euros) plus procedural costs and a statutory interest. These sums slightly increased in the enforcement proceedings as costs were added.
QUESTIONS TO THE PARTIES
Has there been a violation of the applicants’ right of access to court within the meaning of Article 6 of the Convention? In particular, can the statutory requirement, set forth in section 68 of the Notary Act and applied by the domestic courts in the present cases, compelling litigants to engage a lawyer in the proceedings pertaining to their objections against the payment orders in question, be regarded as proportionate within the meaning of this Article?
APPENDIX
No.
Application no.
Case name
Applicant
Year of Birth
Place of Residence
Nationality
1.
53030/19
Kitanovska v. North Macedonia
Nadezhda KITANOVSKA
1944
Skopje
Macedonian/ citizen of the Republic of North Macedonia
2.
31378/20
Barbulovski v. North Macedonia
Dimitar BARBULOVSKI
1945
Skopje
Macedonian/ citizen of the Republic of North Macedonia
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