AFFAIRE BUCKLAND CONTRE LE ROYAUME-UNI

Rezoluția CM/ResDH(2013)237 Buckland împotriva Regatului Unit Execuția hotărârii Curții Europene a Drepturilor Omului Cerere n Cauza Hotărârea Determinativului la 40060/08 BUCKLAND 18/08/2012/2012 18/11/2012/2012 (adoptată de Comitetul de Miniștri la 20 noiembrie 2013 în cadrul celei de a 1185-a ședințe a delegaților miniștrilor) Comitetul miniștrilor, în temeiul articolului 46 alineatul (2) din Convenția pentru apărarea drepturilor omului și a libertăților fundamentale, care prevede ca Comitetul să supravegheze executarea hotărârilor definitive ale Curții Europene a Drepturilor Omului (denumite în continuare "convenția" și "Curtea"), Având în vedere hotărârea definitivă transmisă de Curte Comitetului în această cauză și încălcarea constatată reamintind obligația statului pârât, în temeiul articolului 46 alineatul (1) (1) din Convenție, să se conformeze hotărârilor definitive în litigiile la care este parte și că această obligație implică, pe lângă plata satisfacției echitabile acordate de Curte, adoptarea de către autoritățile din statul membru în cauză, dacă este necesar de măsuri individuale pentru a pune capăt încălcărilor constatate și pentru a elimina consecințele acestora, în măsura posibilului de către Restitutio in integrum de măsuri generale de prevenire a unor încălcări similare care au invitat guvernul din statul pârât să informeze Comitetul cu privire la măsurile luate pentru a se conforma obligației respective După examinarea bilanțului de acțiune furnizat de guvern care indică măsurile adoptate în vederea executării hotărârii judecătorești, inclusiv informațiile furnizate în ceea ce privește plata satisfacției echitabile acordate de Curte (a se vedea documentul DH-DD(2013)1009 FIȘĂ că au fost adoptate toate măsurile prevăzute la art. 46 alineatul (1), DECLAMENTUL pe care și l-a îndeplinit în temeiul articolului 46 alineatul (2) din Convenție în această cauză și DECIDE d.n.: examinarea. Execution of judgments of the European Court of Human Rights Action report Buckland v United Kingdom (Application No. 40060/08), (în limba engleză numai la 18 decembrie 2012) Information submitted by the United Kingdom Government on 17 September 2013 Case supremy The applicant, a Gypsy, was treatened with eviction from her home on a caravan site in Wales after a posedation order was make against her in August 2005. She left the caravan site in May 2008 for supportation. The European Court of Human Rights (ECTHR) found a procesdurural incalcation of Article 8 of the European Convention on Human Rights ( It was not potential at that time to challenge a decise to make a posedation order on the bazis of alleged disproportionality in light of personal Circumstations. Accordingly, the Court found that the procedural safeguards required by Article 8 for the assessment of the proportionality of the interference had not been observationsd (§ 69). Această casetă followed Connors v United Kingdom in which the ECTHR held that the lack of procedural safeguards against eviction from local authority Gypsy and Traveller sites breached Article 8 of the convention. Following the case of Connors, the UK Government enacted amendments to the Caravan Sites Act 1968 enabling the Courts to suspension, for up to twelve months at a time, the enforcement of a poseda order made in respect of local authority Gypsy/Traveller sites; and amendments to the Mobile Homes Act 1983 requiring local authorities to demonstrate that a posedation order ought to have been mat. Amendaments to the Mobile Homes Act 1983 had not entered into force in Wales at the time that thefacts in the case of Buckland took place or when the case was brought before the ECTHR. The Committee of Ministers closed its examination of the execution of Connors in Resolution CM/ResDH(2013) 174 having noted the contents of the action report provided by the UK Government which indicated that the implementation of the legislation in Wales rmained outstanding but was being supervisiond by the Committee of Ministers in the Buckland case. Individual meas Just satisfaction The just satisfaction award has been paid and evidence was previously submitted. Other individual Measures The applicant requested just satisfaction for moraly damage. The ECTHR awarded the sum of 4000 Euros, which was paid in due time. The applicant left the caravan site in May 2008 and is living in supportation alternative. It should be noted that if any steps were taken to evict the applicant in the viitor, she would now be pot to reali on the Mobile Homes Act 1983, as amendad, which enables domestical scurts in Wales to assess the proportionality of a proposed eviction in compliment with the procesdurural requirements of Article 8 (see under general measures below). În circumstanțele actuale, nivelul maxim de consistență nu este necesar. General Measures Following Connors the government has brought into force in England and Wales legislation that provides improved protection against eviction for affairs of local authority Gypsy and Traveller sites. In particular, the Housing and Regeneration Act 2008 was enacted. Secțiunea 318 makes changes to the demôn of In order to evict a Gypsy or Traveller from one of their sites a local authority will need to satisfy the court that a term of the agreement to ocupation a pitch has been breached, that the ocupaier has failed to comply with a addendum to remedy the breach, and that it is reasonable to finale the agreement. Secțiunea 318 entered into force in England on 30/04/2011. Following a public consultation in Wales on consequential amendments to the Mobile Homes Act 1983 and the Housing and Regeneration Act 2008, which lasted for three months and involved Gypsies and Travellers, representative bodies and local authority site owners, section 318 of the Housing and Regeneration Act 2008 came into force on 10 July 2013 A commitment to making this legislation was contained in mails Travelling to a Better Future . The ECTHR, in paragraph 69 of its judgment in Buckland observad that the above amendment to the Mobile Homes Act 1983 permits a scurt considering whether or not to make a poseda Order to examin the reasonableness of the definitivation of the licence. It noted that the amendment had already entered into force in England but not in Wales. It then expresed the view that once had come into force in Wales, domestic scurts in Wales will be assess the proportionality of a propued eviction in compliment with the procedural requirements of Article 8 of the Convention. Publication The judgment of the European Court was publicityshed in the following law Websites BAILLI website: http://www.leandii.org/eu/cases/ECHR/2012/1710.html LAG Housing Law website: http://laghouseglaw.com/2012/10/05/buckland-v-uk/New Law Journal: http://www.newlawjournal.co.uk/nlj/content/uman-rights%E2%80%94right-respect-private-and-family-life%E2%80%94gypsy Dissemination The Department for Communities and Local Government issued a ghidance document Applying the Mobile Homes Act 1983 on local authority traveller sites to all local authorities in England in April 2011: http://www.communities.gov.uk/publications/planningandbuilding/mobilehomesguidance Acest ghid a fost mirosit ca out to local authorities so that they would be aware of the changes that would aply to their traveller sites following implementation of legislation to improve protection against eviction for affairs of local authority Gypsy and Traveller sites in England. The Welsh Government also încurajează all local authorities in Wales to participate in the consultation processing this implementation. Oficials also vizited every local authority Gypsy and Traveller site in Wales to conduct consultation sesiuni. Ultimul lucru pe care l-a făcut a fost să simtă că toate localurile authorities in Wales as well as discussed at an All-Wales Gypsy and Traveller Accommodation Forum convened by the Welsh Government. State of execution of Judgment: Observațiile făcute de ECTHR at paragraph 69 in Buckland support the government mais pozition that the judgment will be implemented oce section 318 of the Housing and Regeneration Act 2008 has entered into force in Wales. The Welsh Government started section 318 of the Housing and Regeneration Act 2008 on 10 July 2013. The Government prin urmare considers that all necessary measures have been taken and the case should be closed.

Résolution CM/ResDH(2013)237

Buckland contre Royaume-Uni

Exécution de l’arrêt de la Cour européenne des droits de l’homme

Requête n

o

Affaire

Arrêt du

Définitif le

40060/08

BUCKLAND

18/08/2012

18/11/2012

(adoptée par le Comité des Ministres le 20 novembre 2013

lors de la 1185e (Budget) réunion des Délégués des Ministres)

Le Comité des Ministres, en vertu de l’article 46, paragraphe 2, de la Convention de sauvegarde des droits de l’homme et des libertés fondamentales, qui prévoit que le Comité surveille l’exécution des arrêts définitifs de la Cour européenne des droits de l’homme (ci-après nommées «

la Convention

» et «

la Cour

»),

Vu l’arrêt définitif transmis par la Cour au Comité dans cette affaire et la violation constatée

;

Rappelant l’obligation de l’Etat défendeur, en vertu de l’article 46, paragraphe

1, de la Convention, de se conformer aux arrêts définitifs dans les litiges auxquels il est partie et que cette obligation implique, outre le paiement de la satisfaction équitable octroyée par la Cour, l’adoption par les autorités de l’Etat défendeur, si nécessaire

:

-

de mesures individuelles pour mettre fin aux violations constatées et en effacer les conséquences, dans la mesure du possible par

restitutio in integrum

;

et

-

de mesures générales permettant de prévenir des violations semblables

;

Ayant invité le gouvernement de l’Etat défendeur à informer le Comité des mesures prises pour se conformer à l’obligation susmentionnée

;

Ayant examiné le bilan d’action fourni par le gouvernement indiquant les mesures adoptées afin d’exécuter l’arrêt, y compris les informations fournies en ce qui concerne le paiement de la satisfaction équitable octroyée par la Cour (voir document

DH-DD(2013)1009

)

;

S’étant assuré que toutes les mesures requises par l’article 46, paragraphe 1, ont été adoptées,

DECLARE qu’il a rempli ses fonctions en vertu de l’article 46, paragraphe 2, de la Convention dans cette affaire et

DECIDE d’en clore l’examen.

Execution of judgments of the European Court of Human Rights

Action report

Buckland v United Kingdom (Application No. 40060/08), (

Anglais uniquement

)

judgment final on 18 December 2012

Information submitted by the United Kingdom Government on 17 September 2013

Case summary

-

The applicant, a Gypsy, was threatened with eviction from her home on a caravan site in Wales after a possession order was made against her in August 2005. She left the caravan site in May 2008 for alternative accommodation. The European Court of Human Rights (ECtHR) found a procedural violation of Article 8 of the European Convention on Human Rights (“the Convention”) because although the applicant was able to argue for repeated suspensions of the possession order made against her, she was unable to argue that no possession order should have been made at all. It was not possible at that time to challenge a decision to make a possession order on the basis of its alleged disproportionality in light of personal circumstances. Accordingly, the Court found that the procedural safeguards required by Article 8 for the assessment of the proportionality of the interference had not been observed (§ 69).

-

This case followed Connors v United Kingdom in which the ECtHR held that the lack of procedural safeguards against eviction from local authority Gypsy and Traveller sites breached Article 8 of the Convention. Following the case of Connors, the UK Government enacted amendments to the Caravan Sites Act 1968 enabling the courts to suspend, for up to twelve months at a time, the enforcement of a possession order made in respect of local authority Gypsy/Traveller sites; and amendments to the Mobile Homes Act 1983 requiring local authorities to demonstrate that a possession order ought to have been made. The amendments to the Mobile Homes Act 1983 had not entered into force in Wales at the time that the facts in the case of Buckland took place or when the case was brought before the ECtHR. The Committee of Ministers closed its examination of the execution of Connors in Resolution CM/ResDH(2013)174 having noted the contents of the action report provided by the UK Government which indicated that the implementation of the relevant legislation in Wales remained outstanding but was being supervised by the Committee of Ministers in the Buckland case.

Individual measures

Just satisfaction

:

-

The just satisfaction award has been paid and evidence was previously submitted.

Other individual measures

:

-

The applicant requested just satisfaction for non-pecuniary damage. The ECtHR awarded the sum of 4,000 Euros, which was paid in due time.

-

The applicant left the caravan site in May 2008 and is living in alternative accommodation. It should be noted that if any steps were taken to evict the applicant in the future, she would now be able to rely on the Mobile Homes Act 1983, as amended, which enables domestic courts in Wales to assess the proportionality of a proposed eviction in compliance with the procedural requirements of Article 8 (see under general measures below).

-

In the circumstances, the government considers that no further individual measures are required.

General measures

Following Connors

,

the government has brought into force in England and Wales legislation that provides improved protection against eviction for occupiers of local authority Gypsy and Traveller sites. In particular, the Housing and Regeneration Act 2008 was enacted. Section 318 makes changes to the definition of “protected site” within section 5(1) of the Mobile Homes Act 1983 so that Gypsies and Travellers who reside on local authority sites are now afforded greater security of tenure. In order to evict a Gypsy or Traveller from one of their sites a local authority will need to satisfy the court that a term of the agreement to occupy a pitch has been breached, that the occupier has failed to comply with a notice to remedy the breach, and that it is reasonable to terminate the agreement. Section 318 entered into force in England on 30/04/2011.

Following a public consultation in Wales on consequential amendments to the Mobile Homes Act 1983 and the Housing and Regeneration Act 2008, which lasted for three months and involved Gypsies and Travellers, representative bodies and local authority site owners, section 318 of the Housing and Regeneration Act 2008 came into force on 10 July 2013

.

A commitment to making this legislation was contained in ‘Travelling to a Better Future – a framework for action’ (2011).

The ECtHR, in paragraph 69 of its judgment in Buckland

,

observed that the above amendment to the Mobile Homes Act 1983 permits a court considering whether or not to make a possession order to examine the reasonableness of the termination of the licence. It noted that the amendment had already entered into force in England but not in Wales. It then expressed the view that once it had come into force in Wales, domestic courts in Wales will be able to assess the proportionality of a proposed eviction in compliance with the procedural requirements of Article 8 of the Convention.

Publication

:

-

The judgment of the European Court was published in the following law websites

-

BAILLI website:

http://www.bailii.org/eu/cases/ECHR/2012/1710.html

-

LAG Housing Law website :

http://laghousinglaw.com/2012/10/05/buckland-v-uk/

-

New Law Journal:

http://www.newlawjournal.co.uk/nlj/content/human-rights%E2%80%94right-respect-private-and-family-life%E2%80%94gypsy

Dissemination

:

The Department for Communities and Local Government issued a guidance document

Applying the Mobile Homes Act 1983 on local authority traveller sites

to all local authorities in England in April 2011:

http://www.communities.gov.uk/publications/planningandbuilding/mobilehomesguidance

This guidance was sent out to local authorities so that they would be aware of the changes that would apply to their traveller sites following implementation of legislation to improve protection against eviction for occupiers of local authority Gypsy and Traveller sites in England.

The Welsh Government also encouraged all local authorities in Wales to participate in the consultation process proposing this implementation. Officials also visited every local authority Gypsy and Traveller site in Wales to conduct consultation sessions. The final proposals were sent to all local authorities in Wales as well as discussed at an All-Wales Gypsy and Traveller Accommodation Forum convened by the Welsh Government.

State of execution of judgment:

-

The observations made by the ECtHR at paragraph 69 in Buckland support the government’s position that the judgment will be implemented once section 318 of the Housing and Regeneration Act 2008 has entered into force in Wales.

-

The Welsh Government commenced section 318 of the Housing and Regeneration Act 2008 on 10 July 2013. The Government therefore considers that all necessary measures have been taken and the case should be closed.