Resolution CM/ ResDH (2012)14 [1]

Execution of the judgment of the European Court of Human Rights

Orlić against Croatia

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”) [2] ,

Having regard to the judgment transmitted by the Court to the Committee once it became final;

Case name (App. No.)

Judgment of

Final on

Orlić (48833/07)

21/06/2011

21/09/2011

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of individual measures to put an end to the violations and as far as possible to remedy their consequences for the applicant and general measures to prevent new, similar violations;

Having invited the authorities of the respondent state to provide an action plan concerning the measures proposed to execute the judgment;

Having, in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention, examined the action report provided by the government (see action report, document DH ‑ D D(20 1 2)72 );

Having noted that the respondent state paid the a p plicant the just satisfaction, as provided in the judgment;

DECLARES, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close its examination thereof.

ACTION REPORT

ORLIC V. CROATIA APPLICATION NO.:48833/07

JUDGMENT OF 21/06/2011 FINAL ON: 21/09/2011

In its judgment in the 0rlić case the ECtHR found a violation of Article 8 due to the omission of domestic courts to apply the proportionality test in the eviction proceedings brought against the applicant who, under domestic law, was not legally entitled to occupy the flat he lived in.

The facts of this case and the findings of the ECIHR are identical to those in the cases of Ćosić v. Croatia and Paulić v. Croatia for which the Committee of Ministers adopted the final Resolution CM/ ResDH (2011)48 on its 1115 DH Meeting and closed the examination of the cases.

INDIVIDUAL MEASURES

Under Article 428a of the Croatian Code of Civil Procedure, following the final judgment of the Court, the applicant had the right to file a petition for the reopening of die proceedings. The deadline for filing such a petition expired on October 21 2011. The applicant did not file a petition for reopening of proceedings. Therefore, no individual measures are necessary nor possible.

GENERAL MEASURES

The judgment has been translated into Croatian language and disseminated to all relevant authorities — the Constitutional Court of RoC , the Supreme Court, the County Court in Rijeka, the Municipal Court in Rijeka, Attorney General ’ s Office and the Ministry of Justice.

The Constitutional Court of the Republic of Croatia on December 22 2010 (decision no. U ‑ III-46/2007) enhanced its practice regarding the right to respect of one ’ s home. The facts of the 0rlić case occurred before the Constitutional Court ’ s change of practice.

The change of Constitutional Court ’ s practice was considered to be an adequate general measure in the Ćosić and Paulić cases.

Since the facts of this case are identical to those of Ćosić and Paulić cases, the Government would like to refer to the action report in the cases of Ćosić v. Croatia, and Paulić v. Croatia and the final Resolution CM/ ResDH (2011)48 adopted at the 1115DH Meeting with which the examination of Ćosić and Paulić cases was closed.

JUST SATISFACTION

Just satisfaction awarded to the applicant has been paid on November 28. 2011, and payment information on a prescribed form delivered to the Execution ’ s department on November 5, 2011.

CONCLUSION

The Government deems that all necessary measures for the execution of the judgment in this case have been taken, and therefore proposes to the Committee of Ministers the closure of the execution supervision procedure. and the adoption of a final resolution (Article 46 paragraph 2 of the Convention in relation to Rule 17 of the Rules of the Committee of Ministers for the supervision of the execution judgments and of the terms of friendly settlements).

[1] Adopted by the Committee of Ministers on 8 March 2012 at the 11 36 th Meeting of the Ministers’ Deputies .

[2] See also the Recommendations adopted by the Committee of Ministers in the context of the supervision of judgments of the European Court of Human Rights and in particular Recommendation Rec (2004)6 of the Committee of Ministers to member states on the improvement of domestic remedies.