Article en détail     N° 2017/110    Page : 437
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Frédéric KRENC
Avocat au barreau de Bruxelles
Maître de conférences invité à l’Université catholique de Louvain

17 novembre 2016 - Cour eur. dr. h., Gde Ch., V.M. e.a. c. Belgique

On July 7th 2015, Belgium was condemned by a chamber of the second section of the European Court of Human Rights in the V.M. case. The Court held that a family of Serbian asylum seekers had been victim of degrading treatment contrary to Article 3 of the Convention on the grounds of their reception conditions violating human dignity in Belgium. Ruling on referral, the Grand Chamber has ultimately decided, in a judgment of November 17th 2016, that the case should be struck out of the list because the applicants had failed to maintain contact with their lawyer.

After briefly exposing the various grounds for striking an application out of the list and the Court’s practice in this field, this article focuses on the judgment of the Grand Chamber to strike out of the list the V.M. application and its refusal to continue its examination in the absence of « particular circumstance relating to respect for the rights guaranteed by the Convention ». This article focuses subsequently on the authority of the first judgment of the Chamber of July 7th 2015.