| Applicant name | MARZOUKI AND OTHERS |
| Applicant type | immigrant |
| Number of applicants | 3 |
| Country | BULGARIA |
| Application no. | 48636/19 |
| Date | 27/02/2025 |
| Judges | Stéphanie Mourou-Vikström, President, Gilberto Felici, Kateřina Šimáčková |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | violation |
| Reason | No legal basis (quality of law) |
| Type of privacy | relational privacy |
| Keywords | expulsion |
| Facts of the case | The first applicant (see the appendix) is a Tunisian national, and the second and third applicants – his daughter and the child’s mother – are Bulgarian nationals. The case concerns the first applicant’s removal from Bulgaria where he had had his permanent residence, and his separation from the two other applicants. The present application is similar to a number of earlier cases against Bulgaria concerning the expulsion of aliens on alleged national-security grounds. |
| Analysis | The Court concludes that the first applicant was not given a fair chance of disputing the allegations made against him and serving as a basis for his removal from Bulgaria. He and his daughter were not therefore offered minimum guarantees against arbitrariness, as required in the Court’s case-law. |
| Other Article violation? | 13+8 |
| Damage awarded | a) that the respondent State is to pay the first and second applicants, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 3,150 (three thousand one hundred and fifty euros) each, plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 3,000 (three thousand euros) jointly to the two applicants, plus any tax that may be chargeable to them, in respect of costs and expenses, 1,800 (one thousand eight hundred euros) of which is to be paid directly to the law firm of the applicants’ legal representatives; |
| Documents | Judgment |