| Applicant name | TZIOUMAKA |
| Applicant type | natural person |
| Number of applicants | 1 |
| Country | GREECE |
| Application no. | 31022/20 |
| Date | 09/04/2024 |
| Judges | Pere Pastor Vilanova, President, Jolien Schukking, Georgios A. Serghides, Darian Pavli, Peeter Roosma, Ioannis Ktistakis, Andreas Zün |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | Positive obligation |
| Type of privacy | Relational privacy |
| Keywords | Custody |
| Facts of the case | The applicant complained that the non-enforcement of the domestic decisions granting her custody of her two minor children had violated her right to family life as provided in Article 8 of the Conventio |
| Analysis | The Court reiterates that it is not its role to substitute itself for the national authorities in the assessment of what specific measures were necessary to be undertaken in the circumstances, given that those authorities are in principle better placed to take such decisions. It notes, however, that the measures taken have not brought about the return of the children to the applicant, nor have they led to the re-establishment of any kind of meaningful contact between her and the children with a view to rebuilding the relationships. The parent at fault, K.K., who refused to follow a final judicial decision, has remained largely unconstrained, which has allowed him to persist in his obstruction of all related efforts. The relevant authorities, faced with such obstruction, did not ensure that timely and suitable preparatory measures were put in place and carried through. Consequently, having regard to the foregoing and notwithstanding the respondent State’s margin of appreciation in the matter the Court finds that the authorities failed effectively to pursue adequate and timely actions to enforce the applicant’s right to the return of her children. |
| Other Article violation? | – |
| Damage awarded | (a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts: (i) EUR 15,000 (fifteen thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 1,000 (one thousand euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses; |
| Documents | Judgment |