Information Note on the Court’s case-law 59

December 2003

Pini and Others v. Romania (dec.) - 78028/01 and 78030/01

Decision 25.11.2003 [Section II]

Article 8

Article 8-1

Respect for family life

Failure to implement final decisions allowing the adoption of Romanian children by foreigners: admissible

The applicants, two Italian couples, had each received authorisation by final judicial decision to adopt a Romania n minor; both children had lived in a Romanian residential home since being abandoned. The decisions, delivered in Romania on 28 September 2000, ordered the amendment of the minors’ birth certificates and the issuing of new certificates. The adoptions were declared to be compatible with the national legislation in force and with the Hague Convention of 29 May 1993 on Protection of Children and Cooperation in respect of Intercountry Adoption. By final judicial decisions of June and August 2001 the residentia l home was ordered to hand over the children and their birth certificates to the applicants. The adopted children did not leave the residential home. The home repeatedly challenged the execution of the decisions and after its objections had been dismissed, attempted enforcement by bailiffs failed. In September 2002 the residential home succeeded in obtaining an interim stay of execution of the adoption orders. The applicants made various unsuccessful applications to enforce the adoption orders. At the same time, the residential home applied to have the adoption orders set aside, and the children applied to have the orders quashed; one of these applications has been granted in the course of proceedings which are still pending.

Admissible under Article 8 (appl icability and merits) and 6 § 1 (complaint examined by the Court of its own motion) and under Article 2 of Protocol No. 4.

Inadmissible under Article 5 § 1: incompatible ratione personae .

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

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