Communicated on 11 January 2021 Published on 1 February 2021

SECOND SECTION

Application no. 42860/18 Zlatan VASIĆ against Serbia lodged on 27 August 2018

SUBJECT MATTER OF THE CASE

The application concerns, under Articles 6, 13 and 14 of the Convention only, the domestic administrative and misdemeanour proceedings in the course of which the applicant was first ordered to subject his minor child to a compulsory vaccination procedure and then fined for refusing to do so. All this allegedly took place without the applicant having been heard in person by the relevant domestic authorities. Ultimately, the Constitutional Court also ruled against him.

QUESTIONS TO THE PARTIES

1. Has the applicant exhausted and/or properly exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention (see, in particular and mutatis mutandis , Veličković v. Serbia ( dec. ), no. 36158/10, 10 September 2013)?

2. Was Article 6 § 1 of the Convention under its civil or criminal heads applicable to the administrative or misdemeanour proceedings in the present case? If so, did the applicant have a fair hearing in the determination of his civil rights and obligations or of the criminal charge against him, in accordance with that provision? In particular, was there a public hearing in those proceedings and was the reasoning of the decisions adopted therein in breach of the applicant ’ s “right to a reasoned decision”, within the meaning of Article 6 § 1 of the Convention?

3. Did the applicant have at his disposal an effective domestic remedy for his complaints under Article 6 § 1, as required by Article 13 of the Convention?

4. Has the applicant suffered discrimination in the enjoyment of his Convention rights, contrary to Article 14 of the Convention read in conjunction with Article 6 § 1 thereof? In particular, was he treated differently, in the absence of an objective and reasonable justification, compared to other persons in the same situation who had been heard in person before being ordered to subject their children to a compulsory vaccination procedure?