Communicated on 28 March 2019<\/p>\n
FIRST SECTION<\/p>\n
Application no.5027\/19
\nVeronika MARCOSKI and Luk\u00e1\u0161 Nicolas RATH
\nagainst the Czech Republic
\nlodged on 15 January 2019<\/p>\n
SUBJECT MATTER OF THE CASE<\/strong><\/p>\n The first applicant, Mrs Veronika Marcoski, is the mother of the second applicant, Luk\u00e1\u0161 Nicolas Rath.<\/p>\n The application concern:<\/p>\n 1.\u00a0\u00a0alleged violation of the right to respect for family life of the applicants (mother and her son) on account of the alleged failure of the courts to set a reasonable time frames and conditions for their contact (Article 8 of the Convention);<\/p>\n 2.\u00a0\u00a0alleged violation of the applicants\u2019 right to access to court on account of the refusal of the Constitutional Court to review the applicants\u2019 complaint on the merits (Article 6 \u00a7 1 of the Convention).<\/p>\n QUESTIONS tO THE PARTIES<\/strong><\/p>\n 1.\u00a0\u00a0Have the interim measure of 2 February 2018 and the subsequent developments in the applicants\u2019 case, amounted to an interference with the right to respect for the applicants\u2019 family life, taking into account notably the time frames and conditions set for contact of the two applicants?<\/p>\n If so, has such interference been \u201cin accordance with the law\u201d and \u201cnecessary in a democratic society\u201d in the interests of one of the aims permitted under paragraph 2 of that Article? In view of all the circumstances, has there been a violation of the applicants\u2019 right to respect for their family life that encompasses a right to the mutual enjoyment by parent and child of each other\u2019s company, contrary to Article\u00a08 of the Convention?<\/p>\n 2.\u00a0\u00a0Have the domestic authorities fulfilled their positive obligation under Article 8 of the Convention to act in a manner calculated to enable an existing family tie to develop (see Sommerfeld v. Germany [GC], no.\u00a031871\/96, \u00a7 63, ECHR 2003\u2011VIII; Neulinger and Shuruk v.\u00a0Switzerland [GC], no. 41615\/07, \u00a7 140, ECHR 2010)?<\/p>\n 3.\u00a0\u00a0Has the restriction on contact between the two applicants been of such nature that the family relations between a young child and his mother were effectively curtailed (see Elsholz v. Germany [GC], no. 25735\/94, \u00a7\u00a049, ECHR 2000\u2011VIII; Kutzner v.\u00a0Germany, no. 46544\/99, \u00a7 67, ECHR 2002-I)?<\/p>\n 4.\u00a0\u00a0Have the interim measures of 2 February 2018 and the subsequent developments in the applicants\u2019 case been in the best interest of the child? Have the interests of the child been sufficiently taken into account (see\u00a0Sahin v. Germany [GC],no. 30943\/96, \u00a7 64, ECHR 2003\u2011VIII; Scozzari and Giunta v. Italy [GC], nos. 39221\/98 and 41963\/98, \u00a7 169, ECHR 2000-VIII)?<\/p>\n 5.\u00a0\u00a0Has the Constitutional Court\u2019s refusal to review the applicants\u2019 complaint on the merits given rise to violation of the applicants\u2019 right to access to court, contrary to Article 6 \u00a7 1 of the Convention?<\/p>\n 6.\u00a0\u00a0Having regard to the applicants\u2019 complaints under Article 6 \u00a7 1 of the Convention \u2013 which falls to be examined under Article 8 of the Convention \u2013 has the above approach of the Constitutional Court given rise to a violation of the procedural requirements inherent to Article 8 to ensure proper respect for, inter alia, family life?<\/p>\n APPENDIX<\/p>\n\n\n
\n No.<\/strong><\/td>\n Firstname LASTNAME<\/strong><\/td>\n Birth date<\/strong><\/td>\n Nationality<\/strong><\/td>\n Place of residence<\/strong><\/td>\n Representative<\/strong><\/td>\n<\/tr>\n<\/thead>\n\n \n 1.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n Veronika MARCOSKI<\/td>\n 04\/08\/1983<\/td>\n Czech, American<\/td>\n Praha<\/td>\n David ZAHUMENSK\u00dd<\/td>\n<\/tr>\n \n 2.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n Luk\u00e1\u0161 Nicolas RATH<\/td>\n 14\/07\/2015<\/td>\n Czech, American<\/td>\n Praha<\/td>\n David ZAHUMENSK\u00dd<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n