Resolution ResDH(2003)34
concerning the judgments of the European Court of Human Rights (Friendly settlements)
of 7 May 2002 and 13 June 2002 in 8 cases against Italy (see Appendix) relating to the failure to enforce judicial eviction orders against tenants
(Adopted by the Committee of Ministers on 24 February 2003
at the 827th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgments of the European Court of Human Rights in the 8 cases listed in the Appendix to this Resolution, which were delivered on 7 May 2002 and 13 June 2002 and transmitted at the same days to the Committee of Ministers under Article 46 of the Convention;
Recalling that these cases originated in applications (see Appendix) against Italy, lodged with the European Commission of Human Rights between 20 December 1996 and 17 August 1998 under former Article 25 of the Convention by 10 Italian nationals, and that the Court, seised of the cases under Article 5, paragraph 2, of Protocol No. 11, declared admissible the applicants’ complaints concerning their prolonged inability to recover possession of their apartments, through lack of police assistance in enforcing judicial eviction orders against the tenants;
Whereas in the judgments concerning these cases the Court, after having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention and its Protocols, decided unanimously to strike these cases out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under the above-mentioned friendly settlements it was agreed that the Italian government would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;
Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit agreed to under the friendly settlement, the government of the respondent state had paid the applicants the sums provided for and that no other measure was required in the present cases to conform to the Court’s judgment;
Recalling that, as regards the applicants’ complaints declared admissible in these cases, the Committee of Ministers is at present supervising the execution of judgments of the Court (notably the judgment Immobiliare Saffi of 28 July 1999) and decisions of Committee of Ministers, under former Article 32 of the Convention, finding in particular a violation of Article 1, Protocol No. 1 to the Convention on account of the prolonged lack of enforcement of judicial orders for eviction of tenants;
Whereas, in this connection, the Italian authorities informed the Committee of Ministers that they were envisaging new general measures (in addition to the adoption, in December 1998, of the law No. 431/98 “Regulations concerning the renting and the repossession of housing”, which sets – inter alia – the conditions, modalities and deadlines for the implementation of eviction proceedings) in order to put to an end the serious problem of non-enforcement of judicial eviction orders, so as to prevent new similar violations,
Declares, on the basis of the information supplied by the Government of Italy, that the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in the friendly settlements reached in these cases.
Appendix to Resolution ResDH(2003)34
Details of the sums agreed to in the friendly settlements
Case
Date of judgement
Total sum
Payment on
AMATO DEL RE Ester 44968/98
07/05/2002
7 230.40 euros
23/07/2002
ARRIVABENE Silvia 35797/97
07/05/2002
6 000 euros
29/07/2002
FERRARI Barbara 35795/97
07/05/2002
5 500 euros
29/07/2002
FUSCO Fabrizio
42609/98
07/05/2002
6 197.48 euros
29/07/2002
OL. B.
42444/98
13/06/2002
23 242.28 euros
09/08/2002
T. 40537/98
13/06/2002
2 600 euros
02/08/2002
S.B. 40037/98
13/06/2002
7 300 euros
09/08/2002
V.L.1 44864/98
07/05/2002
3 333.34 euros
29/07/2002
Mr A.L.1 44864/98
07/05/2002
3 333.33 euros
29/07/2002
Mrs A.L.1 44864/98
07/05/2002
3 333.33 euros
29/07/2002
Note 1 V.L., A.L. and A.L. case
Full & Egal Universal Law Academy