CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 31 juillet 2012

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text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s60723A49 { margin-top:0pt; margin-left:39.7pt; margin-bottom:0pt; text-align:justify } .sD66C1369 { margin-top:0pt; margin-left:17.3pt; margin-bottom:0pt; text-align:justify } .s81CCF55C { margin-top:0pt; margin-left:17pt; margin-bottom:12pt; text-indent:-17pt; text-align:justify } .sB6259055 { margin-top:36pt; margin-bottom:18pt } .sF8DCB537 { width:16.53pt; display:inline-block } .s30B52FCF { width:208.1pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block } .s76CF415B { page-break-before:always; clear:both } .s9AA12E20 { margin-top:30pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify }     FOURTH SECTION         CASE OF MANUSHAQE PUTO AND OTHERS v. ALBANIA   (Applications nos. 604/07, 43628/07, 46684/07 and 34770/09)           JUDGMENT   This judgment was revised in accordance with Rule 80 of the Rules of Court in a judgment of 4 November 2014       STRASBOURG   31 July 2012   FINAL   17/12/2012     This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Manushaqe Puto and Others v. Albania, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:   Lech Garlicki, President,   David Thór Björgvinsson,   Päivi Hirvelä,   George Nicolaou,   Ledi Bianku,   Zdravka Kalaydjieva,   Nebojša Vučinić, judges, and Lawrence Early, Section Registrar, Having deliberated in private on 10 July 2012, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in four applications (nos. 604/07, 43628/07, 34770/09) against the Republic of Albania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by twenty Albanian nationals, M. Puto, S. Puto, K. Puto, S. Puto and A. Puto (no. 604/07), B. Dani, F.   Dani, Fi. Dani, B. Dani, Gj. Dani, V. Dani, A. Dani and Ad. Dani, (no.   43628/07), N. Ahmatas, M. Kreka, T. Kadiu, D. Kadiu, R. Kadiu and I. Kadiu (no. 46684/07) and Sh. Muka (no. 34770/09) on 16 November 2006, 4 October 2007, 9 October 2007 and 18 June 2009, respectively. 2.     The applicants were represented by Messrs. S. Puto and A. Tartari, lawyers practising in Tirana. The Albanian Government (“the respondent Government”) were represented by their then Agents, Ms S. Mëneri, Mrs.   E.   Hajro and, subsequently, by Ms L. Mandia of the State Advocate’s Office. 3.     The applicants alleged that there had been a breach of Articles 6 § 1 and 13 of the Convention and of Article 1 of Protocol No. 1 to the Convention as a result of the non-enforcement of final administrative decisions awarding them compensation in lieu of the restitution of their properties. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE A.     Application no. 604/07: Manushaqe Puto 4.     The applicants were born in 1925, 1925, 1929, 1958 and 1964. They all live in Albania. 5.     On 27 July 1995 the Vlora Commission recognised the applicants’ inherited property title to a plot of land measuring 5,000 sq. m. It further decided that the applicants would be compensated in one of the ways provided for by law. 6.     The applicants sent various letters to the Commission in 1995, 1996 and 2002 about the issue of compensation but did not receive an official response. 7.     On 30 March 2007 the Agency informed the applicants that it was in the process of determining the property valuation maps and allocating the appropriate funds. The outcome would pave the way for the establishment of the criteria for compensation claims. 8.     On 6 October 2008 the Agency’s director decided proprio motu to verify the lawfulness of the 1995 Vlora Commission decision. To date, no   other decision has been taken and the 1995 Commission decision continues to remain unenforced. B.     Application no. 43628/07: Dani 9.     The applicants were born in 1937, 1941, 1944, 1950, 1936, 1960, 1962 and 1968. They all live in Albania. 10.     On 31 October 1994 the Lezhë Commission recognised the applicants’ inherited title to a plot of land measuring 3,434 sq. m, out of which 713 sq. m were restored. The applicants would be compensated for the remaining 2,721 sq. m in one of the ways provided for by law. 11.     On an unspecified date the applicants challenged the Commission decision before the court, claiming that a larger area should be restored to them. 12.     On 10 December 1996 the Lezhë District Court decided that an additional plot of 1,187 sq. m should be restored to the applicants. Consequently, a total area of 1,900 sq. m was restored to the applicants. 13.     However, to date they have not been provided with compensation in respect of the remainder of the property (1,534 sq. m). C.     Application no. 46684/07: Ahmatas and Others 14.     The applicants were born in 1928, 1932, 1948, 1949, 1953 and 1957. They all live in Albania. 15.     On 19 January 1996 the Korçë Commission recognised the applicants’ inherited title to a plot of land measuring 4,000 sq. m. It decided that, since the plot of land was occupied, the applicants would be compensated in one of the ways provided for by law. To date, the applicants have not been provided with any compensation. 16 .     On 15 January 1999 the Korçë Commission recognised the applicants’ inherited title over an agricultural plot of land measuring 59,546   sq. m. It decided that the applicants would be compensated in State bonds in the amount of 1,018,236 Albanian leks (“ALL”). To date, the applicants have not been awarded any State bonds or any other form of compensation. 17 .     The Government submitted that in 2009 the applicants applied for and received compensation in the amount of ALL 2,000,000 in respect of 200 sq. m from the Financial Compensation Fund (“FCF”). No supporting document was submitted. D.     Application no. 34770/09: Muka 18.     The applicant was born in 1926 and lives in Albania. 19.     On 7 June 1995 the Tirana Commission recognised the applicant’s inherited title to two plots of land measuring 63 sq. m and 597 sq. m, respectively. It further decided that, since the plots of land were occupied, the applicant would be compensated in one of the ways provided for by law. The Commission recognised the applicant’s right to first refusal of two buildings located on the land. 20.     On 16 August 1995 the Commission recognised the applicant’s inherited title to another plot of land measuring 800 sq. m, of which 178 sq. m were restored. It decided that, since 622 sq. m were occupied, the applicant would be compensated in one of the ways provided for by law. 21.     On an unspecified date the applicant lodged a claim for compensation with the Agency in respect of the Commission decision of 7   June 1995. 22.     On 23 February 2009 the Agency dismissed the claim for compensation on the ground that the applicant had already benefited from the restitution of a plot of land measuring 178 sq. m. No appeal was lodged with the Tirana District Court within the statutory 30 days’ period. II.     RELEVANT DOMESTIC LAW AND PRACTICE A.     The Constitution 23.     The relevant provisions of the Albanian Constitution have been described, inter alia , in the judgment of Qufaj Co. Sh.p.k. v. Albania , no.   54268/00, § 21, 18 November 2004. B.     The Property Acts 1.     The 1993 Property Act as amended 24.     The first law on property restitution and compensation was enacted in 1993 (Law no. 7698 of 15 April 1993 – “the 1993 Property Act”, as amended). The 1993 Property Act has been described in detail in the judgments of Gjonbocari and Others v. Albania , no. 10508/02, §§ 36-43, 23   October 2007, Driza v. Albania , no. 33771/02, §§ 36-43, 13   November   2007, Ramadhi and Others v. Albania, no. 38222/02 , §§   23-30, 13 November 2007. The 1993 Property Act was repealed by the 2004   Property Act. 2.     The 2004 Property Act as amended 25.     The 2004 Property Act aimed at the restitution of urban, immovable property, which had been expropriated, nationalised or confiscated prior to 29 November 1944. In the impossibility of restoring the original property, it provided for the grant of compensation (sections 1, 2, 3 and 5). 26 .     Under Article 13 compensation was to be determined on the basis of the property’s market value. The 2004 Property Act, as amended, provided for six forms of compensation: (a) property of the same kind; (b) public property located in tourist areas; (c) property of any other kind; (d) shares in State-owned companies; (e) the value of a State-owned property in the course of privatisation, and (f) a sum of money corresponding to the value attributed to the property at the time of the decision (section 11 as amended). 27.     The 2004 Property Act initially instituted local Commissions, whose decisions were amenable to appeal to the State Committee on Property Restitution and Compensation (sections 15-17). In 2006 those institutions were replaced by the Agency for Restitution and Compensation of Properties (“the Agency”) and its regional offices. Decisions of regional Agency offices were open to appeal before the central Agency. Regional Agency offices were subsequently abolished. At present, the Agency is the sole administrative body competent to decide on restitution and compensation claims. 28 .     Section 23 of the 2004 Act provided for the establishment of a ten ‑ year Financial Compensation Fund, whose aim was to provide financial compensation. It further recognised the former owner’s right to receive default interest covering the period running from the recognition of the property right until the award of the financial compensation, calculated at the annual median interest rate of the Bank of Albania. Section 28, as amended, provided for the establishment of the In-kind Compensation Fund (“IkCF”). 29.     The 2004 Property Act has been amended at least seven times between 2004 and 2010; deadlines have been repeatedly extended. It has been described in further detail in Eltari v. Albania , no. 16530/06, §§ 27-45, 8 March 2011 and in Çaush Driza v. Albania , no. 10810/05, §§ 18-36, 15   March 2011. 30.     Statistics concerning the property restitution and compensation process, as provided for by the Government, are annexed to this judgment. C.     Relevant domestic case-law concerning the 2004 Property Act as amended 31.     In the context of the review of the constitutionality of the legislation after its entry into force, the Constitutional Court has been called upon, on several occasions, to rule on whether some of the 2004 Property Act provisions were compatible with the Constitution. 32 .     In decisions nos. 27 of 26 May 2010 and 43 of 6 October 2011 the Constitutional Court repealed as incompatible with the Constitution a number of the 2004 Property Act provisions, as amended, which empowered the central Agency’s director to re-examine, annul and repeal ex   officio Commission decisions. Having regard , inter alia , to this Court’s judgments in the cases of Ramadhi and Others , cited above, and Hamzaraj v. Albania ((no. 1) (no. 45264/04, 3 February 2009)), the Constitutional Court reaffirmed that “Commission decisions were capable of conferring on individuals legal expectations equal to that created by virtue of a court decision which recognises an individual’s property rights”. Consequently, those decisions, which were not administrative acts within the meaning of that legal notion, were directly amenable to judicial review. Moreover, since such decisions had become “final and enforceable”, they could not be subject to review by the Agency’s director, who did “not embody the characteristics of a judicial body or quasi judicial body”. The nature of Constitutional Court’s decisions 33 .     The Constitutional Court’s Act (law no. 8577 of 10 February 2000) provides that its decision is erga omnes and binding (section 72 § 7). The decision enters into force on the date of its publication in the Official Journal, save as decided otherwise (section 26). As a general rule, the Constitutional Court’s decision, which repealed an act as incompatible with the Constitution or international agreements, produces effect from its date of entry into force (section 76 § 1). The decision applies retrospectively only: (a) in respect of a criminal punishment even while it is being executed, if it is directly connected with the implementation of the repealed act; (b) in respect of cases that are being examined by domestic courts, as long as no final decision has been taken; and (c) in respect of consequences, yet to be produced, of the repealed act. D.     Principal implementing by-laws concerning the 2004 Property Act as amended 34.     Pursuant to the 2004 Property Act, as amended, the Government have adopted a number of by-laws, by way of Council of Ministers’ Decisions (“CMDs”) as described below. 1.     CMDs on financial compensation awards 35 .     Between 2005 and 2011 the authorities issued 6 CMDs in respect of the award of financial compensation to former owners (see Çaush Driza , cited above, §§ 38-43). In 2005 financial compensation was awarded in respect of compensation claims arising out of the Tirana Commission decisions. In 2006 financial compensation was awarded in respect of compensation claims arising out of the decisions of the Tirana and Kavaja Commissions. In 2007 the group of beneficiaries was expanded to include former owners who were in possession of a Commission decision issued with respect to cities for which a property valuation map had been approved and issued. In 2008, 2009 and 2011 all former owners, who were entitled to compensation, following a Commission / regional Agency decision, were eligible to apply for financial compensation. It would appear that no decision was adopted in 2010. 36.     According to the CMDs adopted between 2005 and 2009, a claimant, whose right to compensation had been recognised in respect of the entire property, was required to lodge a standard application for financial compensation with the central Agency in Tirana, furnishing, inter alia , the Commission / regional Agency decision that recognised his right to compensation. The 2009 CMD further provided that a former owner was entitled to financial compensation on the condition that s/he had not benefited from: a) previous compensation; b) partial restoration/restitution of the property; c) the right to first refusal; d) the implementation of the Act on the Distribution of Land (Law no. 7501 of 19 July 1991). The 2011 CMD stated that a claimant, holding a final and enforceable decision, in respect of which no compensation had ever been awarded, was entitled to benefit from the award of compensation. 37 .     Applications would be examined in chronological order on the basis of the Commission/regional Agency decision date and number. The amount of financial compensation, which was to be calculated on the basis of property valuation maps, was limited to a maximum of 200 sq. m during the period between 2005 and 2009. The 2011 CMD established a tiered system according to which the amount of compensation was to be as follows: (a)   the equivalent of 200 sq. m in respect of properties measuring up to 1,500 sq. m; (b) the equivalent of 300 sq. m in respect of properties measuring between 1,500 and 3,000 sq. m; (c) the equivalent of 400 sq. m in respect of properties measuring between 3,000 and 5,000 sq. m; (d) the equivalent of 500 sq. m in respect of properties measuring between 5,000 and 10,000 sq. m; (e) the equivalent of 600 sq. m in respect of properties measuring above 10,000 sq. m. 38.     The lodging of an application entailed the payment of a processing fee. Claimants who had been unsuccessful in their application for financial compensation in a preceding year were to re-submit their application in the following year(s) once they had paid the processing fee. The 2011 CMD dispensed claimants from re-paying the processing fee in the event they re-submitted their claim for compensation. 2.     CMDs on property valuation maps 39 .     Between 2007 and 2008 the Government approved and issued property valuation maps, which included the reference price per square metre throughout the country (see Çaush Driza , cited above, §§ 44-45). These maps are relied upon to calculate the value of expropriated properties and subsequently the amount of financial compensation to be awarded (compare with paragraph 26 above). 3.     CMDs on in-kind compensation of former owners 40.     The 2004 Property Act, as amended, provided for the establishment of the IkCF (see paragraph 28 above). Between 2007 and 2008 the Government have adopted a number of CMDs on the procedures for the allocation of properties covered by the IkCF (see Çaush Driza , cited above, §§ 46-52). E.     Action Plan 41 .     In decision no. 350 of 29 April 2011 the Council of Ministers approved an Action Plan to address the issues identified by this Court in its Driza and Ramadhi and Others judgments. The Action Plan attributed the non-enforcement of final decisions to the following: “... the issues faced to date relate to the lack of inter-institutional coordination concerning the exchange of information and the inter-operability of archives of those institution (...). The property legislation is fragmented and needs to be consolidated and simplified in order to provide for simple and transparent compensation procedures. The nationwide process of the first registration of immovable properties has yet to be concluded. There is no unified, national, property map. The Agency lacks a unified database of decisions (...). The process of legalisation has yet to be completed and the identification of properties that would become part of the In-kind Compensation Fund has not finished. `... the [Government] having regard to the legitimate expectations of owners for so many years, expresses their intention to provide the compensation amount at 100 per cent.” 42.     The Action Plan described two schemes of compensation. 1.     The transitional compensation scheme 43.     The transitional compensation scheme ( skema kalimtare ) would apply in 2011 (see paragraph 37 above for more details). 2.     The final compensation scheme 44 .     The final compensation scheme ( skema definitive ) would become operational in 2013, upon the estimation of the total financial bill. The final scheme would rely on digital cartographic and juridical data as produced by the Agency for Preparation of Standard Maps. A claimant possessing a final, enforceable decision would have to submit an application form to apply for compensation. The registration of the submitted application form into an electronic database would be in chronological order on the basis of the Commission’s / Agency’s decision date. A claimant holding more than one final, enforceable decision shall have them ranked chronologically. The compensation amount would be paid in full and in instalments. 45.     The authorities would retain discretion as regards the type of compensation to be awarded. Claimants would not have the right to choose one type of compensation over another. If a claimant refused the type of compensation awarded, he would forfeit his right to compensation as regards the concerned instalment. Compensation would be automatically carried out by the authorities. In-kind compensation would take priority over financial compensation. Until the total allocation of properties to the IkFC, which would be completed by 2018, in-kind compensation would be distributed as it becomes available. 46 .     A new directorate, which would coordinate different State bodies, would be established within the Ministry of Justice. 47.     The Action Plan did not contain time-limits as regards its implementation. F.     The Special Compensation Fund Act 48.     On 25 February 2010 Parliament enacted the Special Compensation Fund Act (Law no. 10239), which is a special fund within the meaning of the budget act. The Special Compensation Fund beneficiaries are two-fold: (1) former owners whose right to compensation was recognised on account of the 1993 and/or 2004 Property Act; and (2) former owners whose right to compensation was recognised on the strength of the Legalisation Act (see “The Legalisation Act” section below). 49.     The revenue of the Special Compensation Fund would consist of: (a)   annual allocations from the State budget in accordance with the 2004 Property Act as amended; (b) proceeds deriving from the sale at auction of State properties in respect of which no decision on restitution or compensation has been adopted; (c) income generated during the process of the legalisation of unauthorised constructions (see paragraph 51 below); (d)   income generated as a result of the implementation of other laws and by-laws; and (e) donations. 50.     The Special Compensation Fund will be administered by the Agency. G.     The Legalisation Act (Law no. 9482 of 3 March 2006 on the Legalisation, Urban Planning and Integration of Unauthorised Buildings; as amended by laws nos. 9786 of 19 July 2007; 9895 of 9 June 2008; 10099 of 19 March 2009; and, 10169 of 22 October 2009) 51 .     On 3 March 2006 Parliament enacted the Legalisation Act in order to regularise illegal constructions and extensions that had been constructed on public and private land in the 1990s and early 2000s as a result of rapid, profound, internal demographic movements. The Act provided for the transfer of ownership of the plot of land on which unauthorised buildings were constructed, from the original land owner through the State to the owner of the unauthorised building, against the payment of a sale price (sections 19-21) in cash or by way of privatisation vouchers (section 17/1). The formal land owner would receive full compensation in respect of the expropriated plot of land in accordance with the 2004 Property Act. The proceeds obtained by the legalisation process would be transferred to the financial compensation fund as provided for by the 2004 Property Act (section 32 as amended). 52.     Statistics concerning the legalisation process, as provided for by the Government, have been annexed to this judgment. III.     COUNCIL OF EUROPE MATERIAL 53.     In its latest decision of 6 June 2012 concerning the supervision of the execution of this Court’s judgments, at its 1144 th meeting, the Committee of Ministers, inter alia , “took note of the elaboration by the Albanian authorities of [a] draft global strategy on property rights.” It further insisted that the Albanian authorities should make concrete progress in order to “establish a list of final decisions, finalise the land value map, calculate the cost of the execution of decisions in order to be able to define the resources needed, adopt the final execution mechanism and execute the decisions at issue.” THE LAW I.     JOINDER OF THE APPLICATIONS 54.     Given that the four applications raise the same issue, the Court decides that they should be joined pursuant to Rule 42 § 1 of the Rules of Court. II.     ADMISSIBILITY OF THE COMPLAINTS 55.     The applicants alleged that there had been a breach of Articles 6 § 1 and 13 of the Convention and of Article 1 of Protocol No. 1 to the Convention on account of the non-enforcement of final administrative decisions awarding them compensation in lieu of the restitution of their properties. Article 6 § 1 of the Convention, insofar as relevant, reads as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by [a] ... tribunal ...” Article 13 of the Convention reads as follows: “Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.” Article 1 of Protocol No. 1 to the Convention reads as follows: “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.” A.     As regards application no. 604/07: Manushaqe Puto 56.     On 6 October 2010 the Government requested the Court to stay the examination of this application, having regard to the review proceedings that had been instituted proprio motu by the central Agency’s director. 57.     The applicants submitted that the central Agency’s director’s power to review Commission decisions proprio motu had been repealed by the Constitutional Court. They requested the Court to continue the examination of their application. Alternatively, they complained of a breach of legal certainty under Article 6 § 1 of the Convention. 58.     The Court notes that on 6 October 2008, in accordance with the provisions of the 2004 Property Act, as amended, the central Agency’s director decided proprio motu to review the Commission decision of 27 July 1995 in the applicants’ favour. It further notes that on 26 May 2010 and 6   October 2011, respectively, the Constitutional Court repealed those provisions as incompatible with the Constitution (see paragraph 32 above). Having regard to the unconstitutionality of those provisions, to the legal nature of the Constitutional Court’s decisions (see paragraph 33 above), the Court considers that the review proceedings have become devoid of legal basis as a matter of domestic law. In those circumstances, it is not for the Court to question the finality of the Commission decision of 27 July 1995, which has never been quashed by the authorities. In conclusion, the Court therefore rejects the Government’s objection. B.     As regards the remaining applications 59.     The Government contended that the applicants had not availed themselves of the remedies that had been introduced between 2005 and 2011. 60.     The applicants contended that the remedies were not effective. 61.     The Court considers that the question of the existence of effective remedies as regards the non-enforcement of final administrative decisions, and, in particular, of the remedies offered by the 2004 Property Act (introduced after the adoption of this Court’s judgments in the cases of Driza and Ramadhi and Others , cited above) should be joined to the merits of, and examined in conjunction with, the applicants’ complaint under Article 13 (see paragraphs 63-84 below). In this connection, the Court considers that, since the applicants’ complaint under Article   6 § 1 of the Convention is “arguable”, Article 13 is therefore applicable (see, amongst others, Eltari , cited above, § 80). 62.     The Court considers that the applicants’ complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention. Not being inadmissible on any other grounds, the complaints must therefore be declared admissible. III     ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION A.     The parties’ submissions 1.     The applicants 63 .     The applicants submitted that no effective measures were taken to secure the enforcement of decisions awarding compensation. The Agency’s procedure for the award of financial compensation was excessively long and uncertain. The selection of beneficiaries was made through random drawing of lots and compensation could not exceed the value of a plot of land measuring 200 sq. m. Furthermore, the property valuation maps did not reflect the market value. Their calculation lacked transparency and did not provide for any default interest in the event of delay in payment. 64.     As regards compensation by means of State bonds, as ordered by the Commission in application no. 46687/07 ( Ahmatas and Others ), the applicants submitted that the Government had never, in fact, issued State bonds for the purpose of compensation. Furthermore, whereas this form of compensation was provided for under the 1993 Property Act, it was omitted in the current 2004 Property Act. 65.     Lastly, the applicants stated that the authorities had taken no action to provide in-kind compensation. The authorities’ promises for future actions, including a draft strategy on property rights, should be considered abusive and would further delay the restitution and compensation process. 2.     The Government 66.     The Government submitted that financial compensation was being awarded annually on a country-wide scale since 2007. Until 2009 the award of financial compensation was limited to the value of a plot of 200 sq. m on the basis of the property valuation maps. Former owners, who had been awarded other forms of compensation, were not entitled to receive financial compensation. The goal of such scheme was to treat equally former owners who had never received any compensation, whether by way of partial restitution of their plots of land or by way of other types of compensation. Starting from 2010 the financial compensation scheme would be based on a percentage scale, whose details would be determined by a working group which had been set up for that purpose. 67.     On the basis of previous experience, the Government stated that, in the event of a successful claim for financial compensation, the Agency paid the compensation amount within 10 to 15 days of the announcement of the results. As regards the payment of default interest, the Government contended that such interest was absorbed in the prices of property valuation maps which were regularly updated. The prices reflected the current market value and were several times higher than the price given at the time of the recognition of the property rights. In the event of an unsuccessful claim for financial compensation, the claimant had to re-apply the following year by submitting a template request and declaration. 68 .     As regards the possibility of awarding in-kind compensation, the Government submitted that no in-kind compensation was ever effected. The Agency was working for the establishment and verification of State properties which would be distributed as in-kind compensation. Furthermore, former owners would be invited to become shareholders in State-owned enterprises as a means to obtain compensation. The proceeds generated from the privatisation of State-owned companies would be used for the awards of financial compensation to former owners. The Government reiterated their intention to award compensation in full to former owners. B.     The Court’s assessment 1.     General principles 69.     The Court recalls that Article 13 gives direct expression to the States’ obligation, enshrined in Article 1 of the Convention, to protect human rights first and foremost within their own legal system. It therefore requires that the States provide a domestic remedy to deal with the substance of an “arguable complaint” under the Convention and to grant appropriate relief (see Kudła v. Poland [GC], no. 30210/96, § 152, ECHR 2000-XI). 70.     The scope of the Contracting States’ obligations under Article 13 varies depending on the nature of the applicant’s complaint; the “effectiveness” of a “remedy” within the meaning of Article 13 does not depend on the certainty of a favourable outcome for the applicant. At the same time, the remedy required by Article 13 must be “effective” in practice as well as in law in the sense either of preventing the alleged violation or its continuation, or of providing adequate redress for any violation that has already occurred. Even if a single remedy does not by itself entirely satisfy the requirements of Article 13, the aggregate of remedies provided for under domestic law may do so (see Kudła , cited above, §§ 157-158, and Wasserman v. Russia (no. 2), no. 21071/05, § 45, 10 April 2008). 71.     In cases concerning non-enforcement of final decisions, any domestic means to prevent a violation by ensuring timely enforcement is, in principle, of greatest value. However, where a final decision is delivered in favour of an individual against the State, the former should not, in principle, be compelled to bring separate enforcement proceedings (see, mutatis mutandis, Metaxas v. Greece , no. 8415/02, § 19, 27 May 2004). 2.     Application of those principles to the present case 72.     The Court notes that the present applications concern the non ‑ enforcement of Commission decisions which awarded the applicants compensation in lieu of the restoration of property. The Court first examined the question of the effectiveness of the enforcement of such administrative decisions in the case of Ramadhi and Others (cited above, §§   45-53), where it found a breach of Article 13 in conjunction with Article 6 § 1 of the Convention. The Court further found as follows: “50.     The Court notes that none of the Property Acts or any related domestic provision governed the enforcement of the Commission’s decisions. In particular, the Property Acts did not provide either for any statutory time-limit for appealing against such decisions before the domestic courts or for any specific remedy for their enforcement. The Court further notes that the Property Acts left the determination of the appropriate form and manner of compensation to the Council of Ministers, which was to define the detailed rules and methods for such compensation. To date no such measures have been adopted (...) and the Government proffered no explanation for this. 51.     That the authorities are committed, as the Government maintained, to the restitution of property and the payment of appropriate compensation did not lead to the enforcement of the decisions in the applicants’ favour, now unenforced for 12 and 11 years, respectively. Moreover, the Government have not submitted any evidence that relevant measures are imminent. 52.     The foregoing considerations are sufficient to enable the Court to conclude that, by failing to take the necessary measures to provide for the means to enforce the Commission’s decisions, the applicants were deprived of their right to an effective remedy enabling them to secure the enforcement of their civil right to compensation. (...)” 73.     The Court observes that, since the adoption of the judgment in Ramadhi and Others, the Government have enacted a significant number of legal acts as regards the award of financial compensation, the adoption of property valuation maps, the establishment of the IkFC and the adoption of the Action Plan. 74.     The Court notes that the Commission decided that the present applicants should be compensated in one of the forms provided for by law (see also paragraph 26 above). The Court will now examine, having regard to the parties’ submissions, whether implementing measures have been taken to make awards in one of the compensation forms provided for by law and whether the measures can be considered to amount to an effective remedy within the meaning of Article 13 of the Convention. (a)     In-kind compensation 75 .     The Court notes the Government’s submission that, to date, this form of compensation has never been awarded (see paragraph 68 above). It, moreover, reiterates its findings in the case of Çaush Driza (cited above, §§   78-83), to the effect that this form of compensation is not an effective remedy. (b)     Compensation by way of State-owned shares and proceeds from the privatisation process 76.     The Court notes that the Government did not provide any evidence to show that this type of compensation has already been awarded in previous cases. (c)     State bonds 77.     The Court notes that the 2004 Property Act, as amended, does not envisage compensation by way of State bonds and the Government did not explain how it was envisaged to enforce Commission decisions that awarded State bonds to applicants as compensation. (d)     Financial compensation 78.     The Court notes that the bulk of the parties’ submissions focused on the authorities’ award of financial compensation to former owners between 2005 and 2009 in respect of which the Court makes the following observations. 79.     In the first place, the authorities’ decisions (see paragraphs 35-37 above) recognised a claimant’s right to financial compensation only if the Commission had awarded compensation in respect of the entire property. Accordingly, as submitted by the Government and as also evidenced by the list of claimants who had applied for financial compensation between 2005 and 2008 (see the attached Annex), if a claimant obtained partial restitution of the property or other forms of compensation, he would not be eligible to obtain financial compensation. This is the position in two applications (nos.   43628/07 ( Dani ) and 34770/09 ( Muka )). The applicants in those cases would not be entitled to obtain financial compensation because they had been previously allocated a plot of land. 80.     Secondly, the authorities’ decisions provided for a maximum amount of financial compensation equal to the value of 200 sq. m. It is true that legislation does not cap the ultimate compensation amount which should be at the market value, that the Government have repeatedly committed itself to the award of full compensation (see paragraphs 44 and 68 above) and, that the present applicants were all awarded compensation in respect of plots of land above 200 sq. m. However, financial compensation is the sole form of compensation currently awarded. Had the applicants therefore applied for and been awarded financial compensation in respect of 200 sq. m, their right to have the remainder of their decisions enforced would have been uncertain. In fact, even though the applicants in application no. 46684/07 ( Ahmatas and Others ) received financial compensation, to date, the remainder of the decision in their favour remains unenforced. Moreover, the Court is not convinced that the award of financial compensation equal to the value of 200 sq. m, irrespective of the plot of land recognised for the purpose of compensation, would ensure effective equality of treatment of claimants as contended by the Government. Persons, whose situations are significantly different, should be treated differently (see Thlimmenos v.   Greece [GC], no. 34369/97, § 44, ECHR 2000 ‑ IV). 81.     Thirdly, whereas a claimant may be required to take certain procedural steps to apply for financial compensation, the Court cannot accept that an unsuccessful claimant in a preceding given year should be required to re-submit another application in the subsequent year(s). The burden to comply with a final decision against the State lies primarily with the State authorities, which should use all means available in the domestic legal system in order to speed up the enforcement, thus preventing violations of the Convention ( Burdov v. Russia (no. 2) , no. 33509/04, § 98, ECHR 2009). It is for the respondent State to organise their