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Recent Developments in the Court's Case-law (24
March - 4 June 2018) |
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Čakarević
v. Croatia, judgment of
26.04.2018
Violation of Article 1 of
Protocol No. 1 (protection of property) : Order
to repay mistakenly paid unemployment
benefits | |
was excessive burden. The applicant had been
ordered to repay unemployment benefits after the
employment office made a mistake in authorising
the payments. The Court observed that he
applicant, who was unemployed and suffered from
ill health, had done nothing to mislead the
employment office about her circumstances. The
authorities themselves had made the mistake of
paying her benefits for about three years longer
than the law allowed. However, the applicant had
alone been ordered to right the situation,
including having to pay statutory interest.
Given her ill health and lack of income, the
domestic authorities had therefore violated her
rights by placing an excessive individual burden
on her.
Devinar v. Slovenia, judgment
of 22.05.2018
The case concerned
decisions refusing her application for a
disability allowance.
The applicant was a
cleaning lady until she developed serious
medical problems and was recognised as having a
partial disability in 2006. She applied to the
administrative authorities for a disability
pension. However, in-house experts who examined
her and her medical records found that she did
not have a physical impairment, and her
application was dismissed. She brought judicial
proceedings before the domestic courts in 2012
to challenge the administrative decisions,
without success. The domestic courts based their
dismissal of her claim on the findings of the
experts in the prior administrative decisions
and on their own observation of the applicant at
an oral hearing on her case. Finally, in 2014,
her constitutional complaint was not accepted
for consideration.No violation of Article 6 §
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