Homework:

Group work:

1) Prepare application to ECtHR based on following facts:

You are legal representative of a man named Alan (Czech citizen, currently 35 years old) who is biological father of a girl named Maria (Czech citizen, currently 2 years old). Maria's biological and legal mother is a woman named Nina (Czech citizen, currently 35 years old) who had lived with Alan for 2 years before Maria was born out of wedlock. Alan acted as a father from the very beggining of Nina's pregnancy, he attended all important medical examinations and was present to the childbirth. All three of them had lived together until Maria was 6 months old, Alan and Nina separated shortly after that.

They had never made an affirmative statement in accordance with sec. 779 of Czech Civil Code (CC in English accessible via http://obcanskyzakonik.justice.cz/images/pdf/Civil-Code.pdf) that would determine Alan legal paternity. After the separation, Nina did not wish Alan to have any contact with Maria. Therefore she convinced her friend Peter (Czech citizen, currently 30 years old) to make affirmative statement with her to acknowledge formally his paternity to Maria so that Alan could not take any action to be recognized as Nina's legal father. From that moment Alan did not see his biological daughter.  

In July 2015 Alan filled a motion to Czech district court asking for initiation of proceeding on a denial of Peter's paternity according to sec. 793 Czech CC. The district court terminated the proceeding on Alan's motion arguing that Alan has no locus standi to initiate proceeding on denial of paternity because only legal mother or legal father may initiate proceeding leading to paternity denial. Alan immediately appealed but the appellate court upheld decision of the district court. Subsequently Alan did not succeed with his complaints to Supreme Court and Constitutional Court.

Now he asked you to prepare application to ECtHR.

The aplication shall be written in English and comply with all procedural and other rules for applications to ECtHR. You are welcomed to use you imagination when adding some untold information to case facts.

 

Insert one application per group into the respective file through the syllabi not later than on 28 November 2016.

2) Read materials listed below in part "Reading" and "Caselaw".

Reading:

Caselaw: