The case concerns complaints by two Moldovan citizens (Balcan and Romașcu) regarding non-enforcement or delayed enforcement of domestic court decisions in their favor concerning allocation of social housing, as well as the lack of effective remedies in domestic law. The Court found violations of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 due to the authorities’ failure to fully enforce the domestic decisions within a reasonable time. The Court determined that despite the domestic courts’ acknowledgment of violations, the compensation awarded to the applicants was insufficient. Key provisions of the decision include:
- The Court reaffirmed that execution of court judgments must be considered an integral part of a ‘hearing’ under Article 6
- The Court established that acknowledgment of violation by national authorities is not sufficient to deprive applicants of their ‘victim’ status unless adequate redress is provided
- The Court awarded additional compensation to both applicants: for Balcan – 6,800 euros for pecuniary damage and 250 euros for costs; for Romașcu – 1,350 euros for non-pecuniary damage and 250 euros for costs
The decision reinforces the Court’s established position that member states must ensure timely and effective enforcement of domestic court decisions, and that compensation for violations must be adequate and proportionate to the damage suffered.
