BARBULOVSKI v. NORTH MACEDONIA and 2 other applications

2025-01-29T00:00:00
Published on 17 February 2025   SECOND SECTION   Application no. 26795/21 Dimitar BARBULOVSKI against North Macedonia and 2 other applications (see list appended) communicated on 29 January 2025 SUBJECT MATTER OF THE CASE The applicants complain under Article 6 § 1 of the Convention about the rejection of their objections to payment orders issued by notaries public for not having been submitted by a lawyer, as required by section 68 of the Notary Act, but by the applicants themselves. QUESTIONS TO THE PARTIES   1. Has the applicant in application no. 34199/23 abused his right to individual application within the meaning of Article 35 § 3 (a) of the Convention, in view of the language used in respect of the respondent State in his application to the Court (see, mutatis mutandis, Ŕehák v. Czech Republic (dec.), no. 67208/01, 18 May 2004; Di Salvo v. Italy (dec.), no. 16098/05, 11 January 2007; and Apinis v. Latvia (dec.), no. 46549/06, §§ 15-16, 20 September 2011)?   2. 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 applicants’ right of access to a court (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/establishment Place of residence Nationality (for the individual applicant) 1. 26795/21 Barbulovski v. North Macedonia 14/05/2021     Dimitar BARBULOVSKI 1945 Skopje Macedonian/citizen of the Republic of North Macedonia   2. 54230/21 Barbulovski v. North Macedonia 29/10/2021 3. 34199/23 Aries Goran Dooel import-export Skopje v. North Macedonia 04/09/2023 ARIES GORAN DOOEL IMPORT-EXPORT SKOPJE 2000 Skopje