Resolution CM/ResDH(2009)76 [1]

Execution of the judgment of the European Court of Human Rights

Mihailov against Bulgaria

(Application No. 52367/99 , judgment of 21 July 2005, final on 21 October 2005)

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 judgment in this case, transmitted by the Court once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the infringement of the applicant ' s right of access to a court to obtain a decision on the refusal by the competent medical commissions to classify his disability status as first-degree (violation of Article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ' s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant ' s heirs the just satisfaction provided in the judgment (the applicant died in 2001) (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

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

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2009)76

Information about the measures to comply with the judgment in the case of

Mihailov against Bulgaria

Introductory case summary

The case concerns the infringement of the applicant ' s right of access to a court to obtain a decision on the refusal by the Labour Expert Medical Commission and the Central Labour Expert Medical Commission in 1998 to classify his disability status as first-degree (violation of Article 6§1).

The European Court held that the commissions could not be regarded as tribunals as they did not satisfy a series of procedural and structural guarantees. Thus, their decisions should have been subject to review by a judicial body with full jurisdiction. However, the Supreme Administrative Court expressly refused to examine the applicant ' s appeal against the decision of the Central Labour Expert Medical Commission, citing the provisions of several statutory instruments, which apparently excluded judicial review of such decisions at the relevant time.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

2000 euros

950 euros

2950 euros

Paid on 20/01/2006

b) Individual measures

The applicant died in 2001. His son and daughter continued the proceedings before the European Court . They had the possibility to ask for the re-opening of the domestic proceedings concerning their father ' s disability status following the judgment of the European Court, on basis of Article 231§1, letter “z” of the Code of Civil Procedure of 1952.

II. General measures

According to Article 112§1(4) of the new Health Act of 2004, decisions of the National Expert Medical Commission (the successor body of the Central Labour Expert Medical Commission) may be reviewed by the Sofia City Court (see §25 of the judgment of the European Court).

III. Conclusions of the respondent state

The government considers that no other individual measure is required in this case, apart from the payment of the just satisfaction, that the legislative amendments introduced subsequently to the facts of the case will prevent other, similar violations and that Bulgaria has thus complied with its obligations under Article 46, paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 30 September 2009 at the 1065 th meeting of the Ministers’ Deputies