Resolution CM/ResDH(2024)203
Execution of the judgment of the European Court of Human Rights
Abenavoli against Italy
(Adopted by the Committee of Ministers on 19 September 2024
at the 1507th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
25587/94
ABENAVOLI
02/09/1997
02/09/1997
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation established of Article 6, paragraph 1, of the Convention on account of the excessive length of administrative proceedings;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having examined the action report and the information previously provided by the government, indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2024)699 and
DH-DD(2021)709);
Considering that the question of individual measures was resolved in this case, given that the just satisfaction has been paid to the applicant and the domestic proceedings at issue have been completed;
Noting with satisfaction the wide range of measures adopted by the Italian authorities since 2010 to address the root causes of the multifaceted problem of excessively long administrative proceedings thus preventing similar violations;
Welcoming the positive trends generated by these measures notably with regard to the elimination of the backlog of cases and the reduction of the average length of administrative proceedings before the first-instance courts and the Council of State which is now within acceptable parameters;
Considering also that the measures adopted and the progress achieved placed the administrative justice system on a self-sustainable path which can be expected to continue yielding further improvements in the years to come;
Expressing its expectation and confidence that the Italian authorities will continue closely monitoring the situation and rapidly carry out all the interventions which may become necessary to preserve and further increase the positive results achieved;
Recalling also that since 2001 an effective compensatory remedy is available in Italy to victims of excessively long judicial proceedings;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.