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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1514/H46-14 |
5 December 2024 |
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1514th meeting, 3-5 December 2024 (DH)
H46-14 Yordanova and Others v. Bulgaria (Application No. 25446/06) Supervision of the execution of the European Court’s judgments
Reference documents |
Decisions
The Deputies
1. recalled that these cases concern potential violations or a violation of the applicants’ right to respect for their home or their private and family life as a result of eviction or demolition orders concerning their homes which were issued and reviewed under a legal framework that did not require a proportionality assessment;
As regards individual measures
2. recalled that in the Ivanova and Cherkezov and the Yordanova and Others cases any possible new removal order in respect of the applicants are closely linked to the general measures; invited the authorities to provide information on the current situation of the applicant in the Simonova case;
As concerns the general measures
3. expressed regret at the lack of progress with the adoption of the necessary legislative amendments to respond to the indications of the Court under Article 46 of the Convention and to the Committee of Ministers’ Interim Resolution CM/ResDH(2020)357; strongly urged the authorities to resume their work, with the participation of relevant stakeholders, to rapidly finalise the legislative process announced in 2019, taking into account also the Committee’s indications in its previous decisions ;
4. noted with interest the preparation of a comprehensive analysis and action plan regarding the execution of this group of cases with the financial support of the Norwegian Financial Mechanism, which could facilitate future legislative work;
5. noted that the judicial practice still appears not entirely settled in some respects and insufficient to create a clear legal framework for comprehensive proportionality assessment; invited the authorities to continue providing information in this regard and to consider ways for further improving the judicial practice;
6. welcomed the recent adoption of legislative reform on address registration, which could reduce to some extent the obstacles for applying for municipality housing or other relevant social services, experienced by persons living in unlawful dwellings; invited the authorities to provide further information on the application of the new rules, while also addressing the aspects identified in the Secretariat’s analysis;
7. invited moreover the authorities to provide additional information on the options available for ensuring the proportionality of a removal order in specific situations, where providing shelter to particularly vulnerable persons might be necessary in this regard, if there is no available municipal housing or shelter, and to consider avenues for increasing the availability of comprehensive rehousing solutions in such situations;
8. welcomed and encouraged the ongoing dialogue between the Bulgarian Government, the National Association of Municipalities and the delegation of the Congress of the Local and Regional Authorities, aimed at developing and adopting an action plan for municipalities, in the light in particular of the Congress proposed roadmap, to prepare regulations on proportionality assessment and practical measures to ensure proportionality (including alternative accommodation) when persons need to be removed from an unlawful or municipality-owned dwelling;
9. invited the authorities to provide by the end of June 2025 information on all the above questions, considering also the aspects identified in the analysis of the Secretariat and decided to resume the examination of these cases at the latest in March 2026.