Open AccessInterstate Application on Behalf of Organisations Lacking Non-governmental Status is Inadmissible. Comment on ECtHR Decision in Slovenia v. Croatia (Application No. 54155/16)
Author(s) -
Natalia Cwicinskaja
Publication year - 2021
Publication title -
polish review of international and european law
Language(s) - English
Resource type - Journals
eISSN - 2544-7432
pISSN - 2299-2170
DOI - 10.21697/priel.2021.10.2.09
Subject(s) - human rights , convention , state (computer science) , political science , law , member state , croatian , right to a fair trial , perspective (graphical) , debt , the republic , business , european union , member states , international trade , finance , linguistics , philosophy , algorithm , computer science , artificial intelligence , theology
The present commentary concerns the claims alleging a violation under Article 6(1) (right to a fair trial), Article 14 (Prohibition of Discrimination) and Article 13 (Right to an Effective Remedy) of the European Convention on Human Rights as well as Article 1 of Protocol No. 1 (Peaceful Enjoyment of Possessions) to the European Conventionon Human Rights by preventing Ljubljana Bank (a Slovenian bank) from enforcing and collecting the debts of its Croatian debtors in Croatia by the Croatian authorities. The case under discussion is an inter-state case and the applicant was the Republic of Slovenia. The decision is significant from the perspective of the development of case law in inter-state cases, which are still rare in the practice of the European Court of Human Rights. It has been confirmed that inter-state applications are additional measures for the protection of the rights of individuals which cannot be used to protect State interests.