CASE OF ENGELHARDT v. SLOVAKIAPARTLY DISSENTING OPINION OF JUDGE POLÁČKOVÁ JOINED BY JUDGES JÄDERBLOM AND LUBARDA
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Document date: August 31, 2018
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PARTLY DISSENTING OPINION OF JUDGE POLÁČKOVÁ JOINED BY JUDGES JÄDERBLOM AND LUBARDA
To our regret, we have been unable to vote with the majority on the question of the amount of just satisfaction awarded in respect of non ‑ pecuniary damage in this case and in the case of Balogh and Others v. Slovakia (no. 35142/15).
Both cases are essentially the same in that they involve an aspect that is purely individual (the length of the applicants ’ proceedings from the point of view of Article 6 § 1 of the Convention ) and an aspect that has additional systemic features (the lack of an effective remedy from the point of view of Article 13 of the Convention).
Under Article 41 of the Convention, subject to other conditions, the Court affords just satisfaction to the injured party “if necessary”.
In our opinion, the systemic aspect of both cases is sufficiently addressed by the finding of a violation. We therefore consider the amount awarded in just satisfaction unnecessarily high, both in absolute and relative terms.