European Court of Human Rights Upholds Friendly Settlement in Lajos Lerik v. Serbia

Strategic Insights -

The European Court of Human Rights (ECHR) has ruled in favor of a friendly settlement in the case of Lajos Lerik v. Serbia and 47 Other Applications, where 48 individual applicants claimed that the Republic of Serbia failed to enforce final domestic judicial decisions awarding them various entitlements. Despite the applicants' allegations of a violation of their rights under Article 6 SS 1 of the European Convention on Human Rights (ECHR) and Article 1 of Protocol No. 1, the ECHR has deemed the settlement proposed by the Serbian Government to be compatible with the Convention and providing adequate redress.

Key Takeaways:

  • The case concerned 48 joined applications alleging the non-enforcement or delayed enforcement of final domestic judicial decisions by the Republic of Serbia.
  • The applicants claimed that the prolonged non-enforcement of the judgments violated their rights under Article 6 SS 1 of the ECHR and Article 1 of Protocol No. 1.
  • The ECHR found that the friendly settlement proposed by the Serbian Government respected human rights and was consistent with the spirit and purpose of the Convention.
  • The settlement provided each applicant with EUR1,000 in non-pecuniary damages and EUR30 in costs and expenses, as well as a Government undertaking to ensure enforcement of the domestic decisions within three months.
  • The Court concluded that the friendly settlement was compatible with the Convention and provided adequate redress to the applicants.

Statistics:

  • 48 individual applicants brought joined applications to the ECHR against the Republic of Serbia.
  • The applicants received EUR1,000 in non-pecuniary damages and EUR30 in costs and expenses as part of the friendly settlement.
  • The Serbian Government undertook to ensure enforcement of the domestic decisions within three months, with default interest accruing at the European Central Bank's marginal lending rate plus three percentage points for any delays beyond this period.
  • The ECHR has empowered the Court to strike a case from its list following a friendly settlement, provided the settlement respects human rights as defined in the Convention and its Protocols.

Sources:

  • Decision of 13 March 2025 Application no. 31934/23 and Others. European Court of Human Rights (Third Section)
  • Application no. 31934/23 and others ECHR