Interim Resolution ResDH(2005)114
concerning the judgments of the European Court of Human Rights and decisions by the Committee of Ministers in 2183 cases against Italy relating to the excessive length of judicial proceedings
(Adopted by the Committee of Ministers on 30 November 2005
at the 948th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of former Articles 32 and 54 and of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the numerous judgments of the European Court of Human Rights (hereinafter referred to as “the Court”) and decisions of the Committee of Ministers since the early 1980s finding violations by Italy of Article 6, paragraph 1, of the Convention, due to the excessive length of judicial proceedings;
Recalling that the important structural problems at the basis of these violations have been examined by the Committee for almost 20 years with a view to ensuring that the Italian judicial system is brought into conformity with the requirements of the Convention, thus preventing new, similar violations before criminal, civil and administrative courts;
Recalling that, in the 1990s, the efforts already deployed by the Italian authorities to solve these problems had led the Committee to close its supervision on the assumption that the comprehensive measures adopted would achieve satisfactory results (see e.g. as regards civil proceedings, Resolution DH(95)82 in the case of Zanghì);
Recalling, however, that the Committee had to conclude, in particular as a result of continuing influx of new cases to the Court, that the problem of the excessive length of judicial proceedings in Italy persisted and that it was necessary to reopen its supervision of the question of the general and individual measures required to remedy the violations found and to prevent similar violations;
Recalling that, in the context of this renewed supervision, the Italian authorities presented in 2000 various lines of action (Interim Resolution DH(2000)135), providing for:
- the in-depth, structural modernisation of the judicial system to achieve improved long-term efficiency;
- special action (sezioni stralcio) to deal with the oldest cases pending before national civil courts or, at least, to produce short-term positive effects;
- the acceleration of compensation procedures through the creation of a domestic remedy in cases of excessive length of proceedings;
Recalling that the Committee supported these lines of action and called upon the Italian authorities, in view of the gravity and persistence of the problem, to maintain the reform of the Italian judicial system as a high priority, to continue to make rapid and visible progress in the implementation of the reforms, and to continue their examination of further measures necessary effectively to prevent new similar violations;
Noting with interest the responses given by Italy to this Interim Resolution, and in particular:
- the numerous legislative initiatives subsequently taken to increase the efficiency of the judicial system and the management efforts undertaken by the courts to improve their case-handling capacity, while noting the absence of a sufficiently coherent approach and the fact that a number of reforms still remain to be adopted or implemented;
- the rapid setting-up of the sezioni stralcio to deal with the oldest cases, while regretting that the implementation of the reform has not been such as to allow the termination of these cases within the time-limits initially set;
- the setting-up of a domestic remedy providing compensation in cases of excessive length of proceedings, adopted in 2001 (the "Pinto” law), as well as the recent development of the case-law of the Court of cassation, increasing the direct effect of the case-law of the European Court in the Italian legal system, while noting that this remedy still does not enable for acceleration of proceedings so as to grant effective redress to all victims;
Stressing that the setting-up of domestic remedies does not dispense states from their general obligation to solve the structural problems underlying violations;
Finding that despite the efforts undertaken, numerous elements still indicate that the solution to the problem will not be found in the near future (as evidenced in particular by the statistical data, the new cases before both domestic courts and the European Court, the information contained in the annual reports submitted by the government to the Committee and in the reports of the Prosecutor General at the Court of cassation);
Welcoming the renewed efforts made by the Italian Government and Parliament and also by the judicial authorities themselves in recent years, in particular the plan of action recently submitted to the Committee of Ministers, concentrating on legislative changes to accelerate civil proceedings;
Taking into account Parliamentary Assembly Recommendation 1684 (2004), on the implementation of decisions of the Court, which urges the Committee of Ministers to ensure, without further delay, that the Italian authorities take the necessary execution measures in respect of all outstanding judgments older than five years and in all cases where individual measures are urgently expected;
Stressing the importance the Convention attaches to the right to fair administration of justice in a democratic society and recalling that the problem of the excessive length of judicial proceedings, by reason of its persistence and extent, constitutes a real danger for the respect of the rule of law in Italy;
Noting that the persistence and development of this situation, since the 1980s, clearly highlights the structural and complex nature of the underlying problems, which affect most Italian courts, including the highest ones, in the civil, criminal and administrative fields;
Stressing that the gravity and complexity of the problem of excessive length of judicial proceedings requires an interdisciplinary approach and commitment at the highest level, involving the key actors;
Noting therefore, with great interest, the ongoing discussion and new initiatives currently pending before the Italian parliament, in particular the draft bill creating a particular competence, at the highest governmental level, to promote the implementation of judgments of the Court,
URGES the Italian authorities to enhance their political commitment and make it their effective priority to meet Italy’s obligation under the Convention and the Court’s judgments, to secure the right to a fair trial within a reasonable time to all persons under Italy’s jurisdiction;
CALLS UPON the competent authorities to set up an effective national policy, coordinated at the highest governmental level, with a view to achieving a comprehensive solution to the problem and to present by the end of 2006 at the latest a new plan of action based on a stocktaking of results achieved so far and embodying an efficient approach to its implementation;
DECIDES to maintain these cases under close supervision and resume consideration of them at its last meeting (DH) in 2006, noting the commitment of the Italian authorities to keep the Council of Europe informed of progress in the preparation of the said action plan.
Full & Egal Universal Law Academy