The European Court of Human Rights (ECtHR) delivered a judgment in the case of Myronenko v. Ukraine, concerning limitations on access to a court. The applicant complained that disagreements between different courts regarding jurisdiction impaired her access to justice, violating Article 6 § 1 of the Convention. The Court found that the very essence of the applicant’s right of access to a court was impaired due to the prolonged jurisdictional confusion. Referencing its previous case-law, particularly Tserkva Sela Sosulivka v. Ukraine, the ECtHR found a violation of Article 6 § 1. The Court awarded the applicant 1,500 euros for non-pecuniary damage.
The judgment follows a standard structure, beginning with the procedure, outlining how the case was brought before the Court. It then presents the facts of the case, followed by the legal analysis, focusing on the alleged violation of Article 6 § 1 of the Convention. The Court reiterates established principles regarding the right of access to a court, emphasizing that while this right is not absolute, limitations must not impair its very essence. The judgment references previous case law to support its findings. Finally, it addresses the application of Article 41 of the Convention, concerning just satisfaction, and outlines the compensation awarded to the applicant. There are no changes in structure compared to previous decisions.
**** The most important provision of this decision is the reaffirmation of the principle that prolonged jurisdictional confusion, leading to significant delays and uncertainty, can impair the very essence of the right of access to a court under Article 6 § 1 of the Convention. This is particularly relevant for Ukraine, where issues of court jurisdiction and procedural delays have been persistent problems. The decision serves as a reminder to Ukraine to ensure clarity and efficiency in its judicial system to avoid violating individuals’ right to a fair trial.
