Date of the decision: 3 March 2026
Jurisdiction: European Court of Human Rights
Country: Bulgaria
Legal basis: Article 1 of Protocol No. 1 to the European Convention on Human Rights (Right to property)
Subject: Positive obligations of the State to protect private property from damage caused by third parties; failure of public authorities to prevent and address harm resulting from illegal underground mining activities.
Summary:
In Tishkina v. Bulgaria (Application no. 4711/20), the European Court of Human Rights found a violation of the applicant’s right to property due to the authorities’ failure to protect her house from serious damage caused by private individuals engaged in illegal small-scale underground coal mining beneath her property.
Reapplying its three-step test developed in Cannavacciuolo and Others v. Italy, the Court examined whether the Bulgarian authorities had:
(a) carried out a comprehensive assessment of the phenomenon of illegal underground mining, including the identification of affected areas and the nature and extent of the damage;
(b) taken meaningful steps to mitigate the identified risks, particularly in the applicant’s district; and
(c) implemented effective measures to combat the underlying conduct, including awareness-raising and deterrence.
The Court acknowledged the complexity of the situation and the economic, organisational, financial and social challenges faced by the authorities. It reiterated the distinction between positive obligations under Article 2 of the Convention (right to life), which impose a duty to do everything within the authorities’ power, and those under Article 1 of Protocol No. 1, which require the State to take measures that are reasonable in the circumstances, having regard to financial constraints and the wide margin of appreciation.
Even under this more limited standard, the Court concluded that the authorities had failed to take meaningful action and therefore breached their positive obligations to protect the applicant’s property.
To learn more:
Tishkina v. Bulgaria (Application no. 4711/20): https://hudoc.echr.coe.int/eng?i=001-248835
