ANASTASOVSKI v. NORTH MACEDONIA and 1 other application

2024-11-12T00:00:00
Published on 2 December 2024   SECOND SECTION Applications nos. 29573/21 and 29592/21 Igor ANASTASOVSKI against North Macedonia and Gencho STOJANOVSKI against North Macedonia lodged on 3 June 2021 and 2 June 2021 respectively communicated on 12 November 2024 SUBJECT MATTER OF THE CASE The applications concern the rejection of the applicants’ objections to payment orders issued by a notary public for not having been submitted by a lawyer, as required by section 68 of the Notary Act, but by the applicants themselves. The applicants complain under Article 6 § 1 of the Convention and Article 13 read in conjunction with Article 1 of Protocol No. 1 to the Convention about a lack of access to a court. QUESTIONS TO THE PARTIES Has there been a violation of the applicants’ right of access to court within the meaning of Article 6 § 1 of the Convention? In particular, can the statutory requirement compelling litigants to engage a lawyer in the proceedings pertaining to their objections against the payment orders in question be regarded as a proportionate limitation on the applicant’s right of access to a court within the meaning of Article 6 § 1 of the Convention (see Kitanovska and Barbulovski v. North Macedonia, no. 53030/19, §§ 46-61, 9 May 2023)? APPENDIX No. Application no. Case name Lodged on Applicant Year of Birth Place of Residence Nationality Represented by 1. 29573/21 Anastasovski v. North Macedonia 03/06/2021 Igor ANASTASOVSKI 1967 Skopje Macedonian/citizen of the Republic of North Macedonia   Danche CHAKAROVSKA-GROZDANOVSKA 2. 29592/21 Stojanovski v. North Macedonia 02/06/2021 Gencho STOJANOVSKI 1951 Skopje Macedonian/citizen of the Republic of North Macedonia Danche CHAKAROVSKA-GROZDANOVSKA