Communicated on 24 August 2020 Published on 14 September 2020

FOURTH SECTION

Application no. 28383/20 A and Others against Bulgaria lodged on 2 July 2020

SUBJECT MATTER OF THE CASE

The first applicant is the mother of the second and the third applicants, aged fourteen and seven, respectively. The application concerns the alleged failure of the Bulgarian authorities to comply with their positive obligations under Article 8 of the Convention to ensure the prompt reunion of the children with their mother. In particular, on 24 April 2020, the Bulgarian Supreme Court of Cassation suspended the enforcement of a final judicial decision of 30 December 2019, ordering the return of the children to their mother in the context of proceedings under the Hague Convention on the Civil Aspects of International Child Abduction. That suspension was ordered in proceedings for re-opening of the case initiated by the father, after a first decision of the Supreme Court of Cassation, dated 13 April 2020, refusing a similar request.

It appears that the third applicant was returned to the first applicant in April 2019.

QUESTION TO THE PARTIES

Has there been a violation of the applicants ’ right to respect for their family life, contrary to Article 8 of the Convention, as a result of the failure of the authorities to reunite the applicants, despite a final judicial decision ordering the return of the children to their mother (see, for instance, Shaw v. Hungary , no. 6457/09, 26 July 2011, Penchevi v. Bulgaria , no. 77818/12, 10 February 2015 and Aneva and Others v. Bulgaria , nos. 66997/13 and 2 others, 6 April 2017)?