HANZEVACKI v. CROATIA - 49439/21 (Remainder inadmissible : Second Section)

Art 6 § 1 (civil) ● Lack of effective access to Constitutional Court due to unforeseeable retroactive application of admissibility criteria for lodging a constitutional complaint of inadequate conditions of detention ● Applicant no longer in a position to fulfil procedural condition of using preventive remedy before availing himself of compensatory remedy ● Very essence of right of access to a court impaired

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

The European Court of Human Rights (Second Section), sitting as a Chamber composed of:

Arnfinn Bårdsen , President , Jovan Ilievski, Egidijus Kūris, Pauliine Koskelo, Frédéric Krenc, Diana Sârcu, Davor Derenčinović , judges , and Hasan Bakırcı, Section Registrar,

the application (no. 49439/21 ) against the Republic of Croatia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Croatian national, Mr Kristijan Hanževački ("the applicant"), on 1 October 2021;