Resolution CM/ ResDH (2017)407 Execution of the judgments of the European Court of Human Rights Four cases against Bulgaria

(Adopted by the Committee of Ministers on 7 December 2017 at the 1302 nd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

42908/98+

KIRILOVA AND OTHERS

09/06/2005

14/06/2007

09/09/2005

14/09/2007

1355/04

DICHEV

21352/02

LAZAROV

22/08/2008

65679/11

KOVACHEV

10/11/2016

10/11/2016

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 final judgments transmitted by the Court to the Committee in these cases and to the violations established concerning the failure to provide compensation through property for expropriations which took place during the 1980s or early 1990s ( violation of Article 1 of Protocol No. 1 ), in particular due to the lack of possibility also to seek monetary compensation reasonably related to the value of the expropriated property;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted to give effect to the judgments, including the information provided regarding the just satisfaction awarded by the Court (see document DH-DD(2017)1178 );

Having noted, in respect of the general measures adopted, that important steps have been made in the execution process, in particular through the evolution of domestic practice which now allows for adequate monetary compensation in certain situations, in particular where the construction of the property has been abandoned and the compensation does not require taking into account specific circumstances;

Having noted that the various outstanding questions concerning the functioning of the mechanism for compensation through property or monetary compensation, as well as the existence of a possibility to obtain compensation for delays attributable to the authorities and the acceleration of the compensation procedure, continue to be examined in the cases of the Basmenkova group,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.