Case of European Court of Human Rights, March 26, 2020 (case RASPOPOVIĆ AND OTHERS v. MONTENEGRO)

Defense:MONTENEGRO
Resolution Date:March 26, 2020
SUMMARY

Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time)

 
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SECOND SECTION

CASE OF RASPOPOVIĆ AND OTHERS v. MONTENEGRO

(Application no. 58942/11 and 2 others -

see appended list)

JUDGMENT

STRASBOURG

26 March 2020

This judgment is final but it may be subject to editorial revision.

In the case of Raspopović and Others v. Montenegro,

The European Court of Human Rights (Second Section), sitting as a Committee composed of:

Arnfinn Bårdsen, President,Ivana Jelić,Darian Pavli, judges,and Liv Tigerstedt, Acting Deputy Section Registrar,

Having deliberated in private on 5 March 2020,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

  1. The case originated in applications against Montenegro lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

  2. The Montenegrin Government (“the Government”) were given notice of the applications.

    THE FACTS

  3. The list of applicants and the relevant details of the applications are set out in the appended table.

  4. The applicants complained of the excessive length of civil proceedings.

    THE LAW

  5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

  6. The applicants complained that the length of the civil proceedings in question had been incompatible with the “reasonable time” requirement. They relied on Article 6 § 1 of the Convention, which reads as follows:

    Article 6 § 1

    “In the determination of his civil rights and obligations ... everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal ...”

  7. The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicants and the relevant authorities and what was at stake for the applicants in the dispute (see Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).

  8. In the leading case of Stakić v. Montenegro, no. 49320/07, §§ 45-51, 2 October 2012, the Court already found a violation in respect of issues similar to those in the present case.

  9. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject...

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