Siništaj and Pajović v. Montenegro

FIRST SECTION

Applications nos. 37625/21 and 56823/21 Nikola SINIŠTAJ against Montenegro and Milojka PAJOVIĆ against Montenegro

(see appended table)

The European Court of Human Rights (First Section), sitting on 4 May 2023 as a Committee composed of:

Alena Poláčková , President , Gilberto Felici, Raffaele Sabato , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants and their representatives is set out in the appended table.

The applicants’ complaints under Article 6 of the Convention concerning the length of the proceedings before the Constitutional Court were communicated to the Montenegrin Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Montenegro in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 25 May 2023.

Viktoriya Maradudina Alena Poláčková Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 of the Convention

(length of proceedings before the Constitutional Court)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of the Government’s declaration

Date of receipt of the applicant’s declaration

Amount awarded for non-pecuniary damage

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

37625/21

16/07/2021

Nikola SINIŠTAJ

1948

Franović Bojana

Podgorica

13/12/2022

23/02/2023

1,200

-

56823/21

17/11/2021

Milojka PAJOVIĆ

1958

Šoć Dragan

Podgorica

13/12/2022

24/03/2023

900

250

[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.