Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 11/13/2007

Subject: The cases concerned the non-enforcement of judgments and administrative decisions in restitution of property cases, a widespread problem affecting large numbers of people in Albania; there are already dozens of similar cases before the Court. In both cases the Court has called on Albania, as a matter of urgency, to take all necessary statutory, administrative and budgetary measures to ensure claimants “speedily” receive the compensation or land awarded to them under the Property Restitution and Compensation Act, 1993 (Property Act). Those measures are to include the creation of an adequate fund to pay those applicants entitled to financial compensation. The Court held unanimously that in both cases there had been: a violation of Article 6 § 1 (right to a fair hearing) of the European convention on human rights; a violation of Article 1 of Protocol No. 1 (protection of property) to the Convention; and,a violation of Article 13 (right to an effective remedy). Under Article 41 (just satisfaction), the Court held unanimously that in Driza, Albania was to return to the applicant a 1,650 m² plot of land plus 50,000 euros (EUR). Failing such restitution, the State was to pay EUR 280,000 in respect of pecuniary and non-pecuniary damage. The State was also to pay the applicant EUR 500,000 in respect of pecuniary and non-pecuniary damage concerning a 3,350 m² plot.

Parties: Driza c/ Albania e Ramadhi e altri c/ Albania

Classification: Freedoms - Art. 17 Right to property - Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing