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AFFAIRE M.K. ET AUTRES c. FRANCE (Requêtes nos 34349/18, 34638/18 et 35047/18)

Title AFFAIRE M.K. ET AUTRES c. FRANCE (Requêtes nos 34349/18, 34638/18 et 35047/18)
Publisher Council of Europe: European Court of Human Rights
Publication Date 30 December 2022
Country Democratic Republic of the Congo | France | Georgia
Topics Decision on admissibility | Effective remedy | Exhaustion of domestic remedies | Rule of law / Due process / Procedural fairness
Citation / Document Symbol ECLI:CE:ECHR:2022:1208JUD003434918
Cite as AFFAIRE M.K. ET AUTRES c. FRANCE (Requêtes nos 34349/18, 34638/18 et 35047/18), ECLI:CE:ECHR:2022:1208JUD003434918, Council of Europe: European Court of Human Rights, 30 December 2022, available at:,ECHR,63aec9704.html [accessed 14 March 2023]
Comments The ECtHR considered it more appropriate to examine the complaints concerning the failure of France to comply with the interim relief orders of the Administrative Court ordering that the applicants must be taken into emergency accommodation and the absence of an effective emergency procedure for the enforcement of an interim relief order solely under Article 6 ECHR (§§ 91, 92). The ECtHR considered that the decision to grant or refuse emergency accommodation constituted a civil right and thus held that Article 6 § 1 ECtHR was applicable. The case concerned asylum-seekers who were without accommodation at the time of the events, and in whose favour the urgent-applications judge of the administrative court ordered the State to provide them with emergency accommodation.
Disclaimer This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Link:, dated December 30, 2022 10:20 am

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