Published on 12 December 2022
SECOND SECTION
Application no. 35172/22
Afrim ISEINI
against North Macedonia
and 2 others – see appended list
communicated on 23 November 2022
SUBJECT MATTER OF THE CASE
The applications concern lengthy enforcement proceedings concerning pecuniary claims.
Application no. 35172/22: in a final decision of 2020 the domestic courts considered as withdrawn the applicant’s enforcement request of September 2002 regarding a pecuniary claim against the respondent State in the amount of approximately 120 euros (EUR). The applicant’s length remedy was dismissed by the Supreme Court at two levels of jurisdiction.
Applications nos. 37064/22 and 46627/22: the applicants’ requests for enforcement of a pecuniary claim against a public enterprise and a private person in the amounts of approximately EUR 6,500 and EUR 2,100 were lodged in October 2014 and September 2011, respectively, and apparently are still not enforced. The Supreme Court, at two levels of jurisdiction, upheld the applicants’ length remedies, awarded them approximately EUR 240 and EUR 115, respectively, and fixed a six-month time-limit for the bailiff to complete the enforcement.
The applicants complain under Article 6 of the Convention about the lengthy enforcement.
QUESTIONS TO THE PARTIES
1. Can the applicants in applications nos. 37064/22 and 46627/22 still claim to be victims of a violation of the Convention, within the meaning of Article 34? In particular, did the sums awarded by the Supreme Court provide them with sufficient and appropriate redress capable of removing the applicants’ victim status (see Adži-Spirkoska and others v. the former Yugoslav Republic of Macedonia (dec.), nos. 38914/05 and 17879/05, 3 November 2011, and Petrović v. the former Yugoslav Republic of Macedonia, no. 30721/15, §§ 20 and 21, 22 June 2017)?
2. Was the length of the enforcement proceedings in the cases in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention (see Burdov v. Russia (no. 2), no. 33509/04, §§ 65 et seq., ECHR 2009; Pakom Slobodan Dooel v. the former Yugoslav Republic of Macedonia, no. 33262/03, §§ 23‑27, 21 January 2010; and Krsto Nikolov v. the former Yugoslav Republic of Macedonia, no. 13904/02, §§ 20-28, 23 October 2008)?
APPENDIX
List of cases:
No.
Application no.
Case name
Lodged on
1.
35172/22
Iseini v. North Macedonia
06/07/2022
2.
37064/22
Limanov v. North Macedonia
20/07/2022
3.
46627/22
Lazareski v. North Macedonia
22/09/2022