Loneta-Honorina Gavrea
Hotărârea Curții Europene a Drepturilor Omului în cauza Vlase împotriva României
The European Court of Justice, in case 80.784/13, ruled on the complaint filed following the death of N.V. in a hospital setting, according to the obligation imposed on the state by Article 2 of the Convention. The case originated in Application No. 80.784/13 against Romania, filed by two nationals of the Romanian state, Ms. Elena Vlase and Ms. Ioana Ortensia Vlase, who referred the case to the Court on December 14, 2013. They claimed that the authorities had not conducted a prompt and effective investigation into the death of their husband and father, respectively, in a public hospital, invoking the violation of national criminal law provisions and particularly Articles 2, 6, and 13 of the European Convention on Human Rights.
The Court’s examination of the contested interference fell within the scope of Article 2 of the Convention, highlighting the general principles developed by the Court concerning the procedural obligations under Article 2, especially in the healthcare sector, in the case of the death of a person under the responsibility of medical staff, whether in the public or private medical sector.
Since the applicants had used a domestic criminal remedy to complain about the failure of the doctors responsible for treating their relative, and the first applicant had simultaneously initiated a civil action by joining the criminal proceedings as a civil party, the Court examined whether the remedy used by the applicants met the requirements of promptness, effectiveness, and reasonable diligence arising from the procedural aspect of Article 2 of the Convention.
Keywords: victim, death, procedural obligations, medical and legal expertise, medical malpractice, criminal law
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