Tatar and Tatar v. Romania

Submitted by Kelly Russo on Fri, 07/06/2007 - 00:00
OLD_ID
949
Excerpt
Regional Decisions
OLD_REGIONAL_DECISION
European Court
Status
Archived
Content

The European Court of Human Rights held applicant's complaint against Romania for violation of Article 8 of the European Convention on Human Rights, in regards to its passivity in regulating the technological processes of a nearby plant which was emitting dangerous pollutants, admissible without prejudging the merits of the case. Although the applicant relied on Article 2 of the European Convention, which recognizes the right to life, the Court decided that the claim was more appropriately analyzed under Article 8, which recognizes the right to respect for private life and home. The Court determined that the complaint raised complex issues of fact and law which could not be decided at this stage in the examination and required further examination on the merits.