Resolution CM/ResDH(2007)38[1]
Execution of the judgment of the European Court of Human Rights
Aristimuño Mendizabal against France
(Application No. 51431/99, judgment of 17 January 2006, final on 17 April 2006)
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 referred to as “the Convention” and “the Court”),
Having regard to the judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns a breach of the right to private and family life of the applicant, a citizen of a member state of the European Union, on account of the excessively long period taken by the French authorities to issue her the residence permit to which she was entitled according to national and Community law (violation of Article 8) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with France's obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicant(s) the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations 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 measures taken by the respondent state (see Appendix),
DECLARES, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2007)38
Information about the measures taken to comply with the judgment in the case of
Aristimuño Mendizabal against France
Introductory case summary
This case concerns a breach of the right to private and family life of the applicant, a Spanish national, on account of the period of more than 14 years taken by the French authorities to issue her a residence permit, placing her in a precarious and uncertain situation, even though according to national law and in particular Community law she should had been issued with a residence permit promptly (violation of Article 8)
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
All heads of damage taken together
Costs and expenses
Total
50 000 euros
2 800 euros
52 800 euros
Paid on 10 May 2006
b) Individual measures
In December 2003, the applicant was issued with a ten-year residence permit (carte de séjour).
Furthermore the damage suffered by the applicant because of the violation has been compensated, as the European Court granted her just satisfaction (see above).
II.General measures
The dysfunction which led to the violation of the Convention was an isolated one.
New, similar violations should be avoided as, in addition:
- the authorities concerned have been duly informed of the requirements of the Convention resulting from this judgment; thus the Ministry of the Interior has published a commentary on the present judgment on its intranet site, which may be consulted by all Ministry and prefecture officials;
- the European Union directive of 29/04/2005 on the right of residence of EU citizens has been transposed into national law by a law of 24/07/2006. This should further reduce the probability of such problems. Articles L 121-1 to L 121-3 of the Code on Entry and Residence of Foreigners in France and on the Right to Asylum provides a 5-year right of residence for EU citizens, during which period they need no formal residence permit and at the end of which they obtain a permanent residence permit.
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent new, similar violations and that France has thus complied with its obligations under Article 46 paragraph 1 of the Convention.
[1] Adopted by the Committee of Ministers on 20 April 2007 at the 992nd meeting of the Ministers’ Deputies
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