Information Note on the Court’s case-law 100

August-September 2007

Ponomaryovi v. Bulgaria (dec.) - 5335/05

Decision 18.9.2007 [Section V]

Article 8

Article 8-1

Respect for family life

Respect for private life

Inability of resident foreign nationals to obtain permanent-resident status owing to level of fees charged: communicated

Article 2 of Protocol No. 1

Right to education

Exclusion of foreign nationals from se condary-school classes owing to their inability to pay fees levied on aliens without permanent-resident status: communicated

The applicants are three Russian nationals who have been residing in Bulgaria since 1994. On attaining their majority they applied for permanent-resident status. However, they did not pay the prescribed fee as it was beyond their and their parents’ means. As a result, they became liable to pay secondary-school fees from which they would have been exempt had they been in possession of a permanent-residence permit. They were informed that failure to pay the fees would result in their being barred from classes and not receiving a certificate confirming completion of the relevant school year. Although in the first applicant’s case the deci sion concerning the issue of a certificate was later overturned by the domestic courts, the applicants’ liability to pay the school fees was confirmed. The first two applicants subsequently acquired permanent-resident status.

The applicants complained, inter alia , that they had been prevented by unreasonably high fees from obtaining permanent-resident status and had consequently also become liable to pay substantial fees to complete their secondary-school education. They further complained of discriminat ory treatment.

Communicated under Articles 8 and 14 (in conjunction with Article 8) and under Article 2 of Protocol No. 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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