The case concerns the demolition of an unlawfully built Roma encampment in Wrocław, Poland in 2015, which raised issues regarding respect for private and family life under Article 8 of the European Convention on Human Rights. The European Court of Human Rights found that while the demolition had a legal basis and pursued legitimate aims of public safety and order, the authorities failed to ensure proper procedural safeguards. Specifically, the applicants were not granted party status in the administrative proceedings, were not formally notified of decisions, and could not challenge the proportionality of the demolition orders before they were carried out. The Court’s key findings were:
- The demolition interfered with the applicants’ right to respect for private and family life, even though their occupation was unlawful
- The authorities failed to ensure the decision-making process complied with Convention standards by not allowing applicants to participate
- While alternative accommodation was offered, the lack of formal notification and proper process caused anxiety and marginalization
- The Court awarded €5,000 in non-pecuniary damages to each of the five applicant households
The judgment establishes important principles regarding procedural safeguards that must be provided even in cases of unlawful settlements, particularly concerning vulnerable minority groups. It emphasizes that while authorities may have legitimate reasons for demolition, they must ensure fair process and consider the human impact of such measures.
