The Committee of Ministers, under the terms of Article 54 (art. 54) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the convention"),
Having regard to the judgment of the European Court of Human Rights in
the Benthem case, delivered on 23 October 1985 and transmitted the
same day to the Committee of Ministers;
Recalling that the case originated in an application against the
Kingdom of the Netherlands lodged with the European Commission of
Human Rights on 21 December 1979 under Article 25 (art. 25) of the
convention by Mr Albert Benthem, a Netherlands national, who claimed
that proceedings concerning a licence to operate an installation for
the delivery of liquid petroleum gas involved a dispute over civil
rights and obligations and that, contrary to the requirements of
Article 6, paragraph 1 (art. 6-1), of the convention, his case had not
been heard by an independent and impartial tribunal;
Recalling that the case was brought before the Court by the Commission
on 20 March 1984;
Whereas in its judgment of 23 October 1985 the Court held:
- by eleven votes to six that Article 6, paragraph 1 (art. 6-1),
was applicable in the present case;
- by eleven votes to six that Article 6, paragraph 1 (art. 6-1),
had been violated;
- unanimously that the foregoing finding constituted of itself
sufficient just satisfaction for the purposes of Article 50 (art. 50)
of the convention;
Having regard to the Rules adopted by the Committee of Ministers
concerning the application of Article 54 (art. 54) of the convention;
Having invited the Government of the Netherlands to inform it of the
measures which had been taken in consequence of the judgment, having
regard to its obligation under Article 53 (art. 53) of the convention
to abide by it;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of the Netherlands gave the Committee
information about the measures taken in consequence of the judgment,
which information appears in the appendix to this resolution,
Declares, after having taken note of the information supplied by the
Government of the Netherlands, that it has exercised its functions
under Article 54 (art. 54) of the convention in this case.
Appendix to Resolution DH (88) 6
Information provided by the Government of the Netherlands during
the examination of the Benthem case by the Committee of Ministers
In the Benthem case, the European Court of Human Rights held that the
proceedings before the Administrative Litigation Division of the
Council of State, which had only an advisory function, while the
decision was rendered by Royal Decree, did not provide the
"determination by a tribunal of the matters in dispute" as required by
Article 6, paragraph 1 (art. 6-1), of the convention.
To meet the Court's judgment, the Provisional Act on disputes before
the Crown (Tijdelijke Wet Kroongeschillen), which provisionally
regulates proceedings in matters of litigation where the Crown has
thus far been competent, was adopted on 18 June 1987; it came into
force on 1 January 1988.
The Act in question gives a power of decision to the aforementioned
Administrative Litigation Division of the Council of State, which can
therefore henceforth act as a tribunal in the sense of Article 6,
paragraph 1 (art. 6-1), of the convention. The Act is of a
provisional nature and definitive legislation is foreseen within
five years.