Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

BÁNÓCZI v. HUNGARY

Doc ref: 34271/19 • ECHR ID: 001-229303

Document date: November 6, 2023

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 3

BÁNÓCZI v. HUNGARY

Doc ref: 34271/19 • ECHR ID: 001-229303

Document date: November 6, 2023

Cited paragraphs only

Published on 27 November 2023

FIRST SECTION

Application no. 34271/19 Rozália BÁNÓCZI against Hungary lodged on 3 June 2019 communicated on 6 November 2023

SUBJECT MATTER OF THE CASE

The applicant is one of the paternal aunts of a child born in 2011. The application concerns her inability to exercise her contact rights in respect of her nephew following the death of the boy’s father (that is, the applicant’s brother) since the beginning of 2015. She complains under Article 8 of the Convention about the domestic authorities’ failure to conclude, in an expeditious manner, the administrative and judicial proceedings relating to her contact rights and then to enforce the decision granting her contact with the child.

QUESTIONS TO THE PARTIES

1. Does the present case concern the applicant’s right to respect for her “family life” or her “private life”, within the meaning of Article 8 § 1 of the Convention (see Lazoriva v. Ukraine , no. 6878/14, § 56, 17 April 2018)? In particular, what were the nature and the extent of the applicant’s relationship with her nephew (see Calisti Bruni and D’Angelantonio v. Italy (dec.), no. 37197/18, §§ 60 ‑ 61, 16 March 2021, and further references therein)?

2. Has there been a violation of the applicant’s right to respect for her family life or her private life, contrary to Article 8 of the Convention? In particular, did the proceedings regulating the applicant’s contact rights and the related enforcement proceedings conform to the requirements contained in Article 8 of the Convention (see Eberhard and M. v. Slovenia , nos. 8673/05 and 9733/05, §§ 125-30 and 132-42, 1 December 2009)?

3. The parties are invited to inform the Court about any developments of the case since the submission of the application, notably about any decisions issued by the domestic authorities, and to submit copies thereof.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 401132 • Paragraphs parsed: 45279850 • Citations processed 3468846