Published on 4 October 2021

FOURTH SECTION

Application no. 14309/21 I.Z.R. and A.J.R. against Romania lodged on 5 March 2021 communicated on 16 September 2021

SUBJECT MATTER OF THE CASE

The application concerns the outcome of the proceedings for the return of a child (the second applicant) to Italy where the family used to live together and where his father is still living. The proceedings for the return, lodged by the father against the mother (the first applicant) on 29 May 2019, lasted until 17 November 2020 (final decision of the Bucharest Court of Appeal).

Under Article 8 of the Convention, the first applicant complains on her behalf and on behalf of the child about the length of the proceedings and that allegedly the domestic courts failed to take into account the whole family situation and the child’s best interests.

QUESTIONS TO THE PARTIES

1. Has there been a violation of the applicants’ right to respect for their family life, contrary to Article 8 of the Convention, in the light of the proceedings for the return of the second applicant to Italy, where his father is living, giving rise to the decision of 1 July 2019 of the Bucharest County Court and that of 17 November 2020 of the Bucharest Court of Appeal?

2. Have the Romanian courts acted expeditiously, as required by Article 8 of the Convention (see, notably, Monory v. Romania and Hungary , no. 71099/01, § 82, 5 April 2005, Karrer v. Romania , no. 16965/10, § 54, 21 February 2012 and Blaga v. Romania , 54443/10, § 83, 1 July 2014)?

3. The parties are invited to submit information about the enforcement of the final decision of 17 November 2020 of the Bucharest Court of Appeal.

List of applicants

No.

Applicant’s Name

Year of birth

Nationality

Place of residence

1.I.Z.R.

1987Romanian

Brăila

2.A.J.R.

2018Italian, Romanian

Brăila