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: https://www.refworld.org/cases,ECHR,63aec9704.html [accessed 17 May 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.
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