CASE OF CELEA v. ITALY



      In the case of Celea v. Italy (1),

      The Screening Panel of the European Court of Human Rights,

constituted in accordance with Article 48 para. 2 (art. 48-2) of the

Convention for the Protection of Human Rights and Fundamental Freedoms

("the Convention") and Rule 26 of Rules of Court B (2),

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Notes by the Registrar

1.  The case is numbered 17/1996/636/820.  The first number is the

case's position on the list of cases referred to the Court in the

relevant year (second number).  The last two numbers indicate the

case's position on the list of cases referred to the Court since its

creation and on the list of the corresponding originating applications

to the Commission.

2.  Rules of Court B, which came into force on 2 October 1994, apply

to all cases concerning the States bound by Protocol No. 9 (P9).

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      Sitting in private at Strasbourg on 28 March and 23 April 1996,

and composed of the following judges:

      Mr F. Matscher, Chairman,

      Mr L.-E. Pettiti,

      Mr C. Russo,

and also of Mr H. Petzold, Registrar,

      Having regard to the application against the Italian Republic

lodged with the Court on 17 February 1996 by an Italian national,

Mr Francesco Celea, within the three-month period laid down by

Article 32 para. 1 and Article 47 (art. 32-1, art. 47) of the

Convention;

      Whereas Italy has recognised the compulsory jurisdiction of the

Court (Article 46 of the Convention) (art. 46) and ratified

Protocol No. 9 (P9) to the Convention, Article 5 (P9-5) of which amends

Article 48 (art. 48) of the Convention so as to enable a person,

non-governmental organisation or group of individuals having lodged a

complaint with the European Commission of Human Rights ("the

Commission") to refer the case to the Court;

      Noting that the present case has not been referred to the Court

by either the Government of the respondent State or the Commission

under Article 48 para. 1 (a) or (d) (art. 48-1-a, art. 48-1-d) of the

Convention;

      Having regard to the Commission's report of 24 October 1995 on

the application (no. 25569/94) lodged with the Commission by Mr Celea

on 5 June 1993;

      Whereas the applicant complained of the length of proceedings in

an Italian administrative court, to which he was a party, and alleged

a breach of Article 6 para. 1 (art. 6-1) of the Convention, under which

"In the determination of his civil rights and obligations ..., everyone

is entitled to a ... hearing within a reasonable time by [a] ...

tribunal ...";

      Whereas the applicant, in specifying the object of his

application, as required by Rule 34 para. 1 (a) of Rules of Court B,

stated that he sought a decision by the Court holding that there had

been a breach of Article 6 para. 1 (art. 6-1) of the Convention on

account of the length of the proceedings in issue;

      Having regard to Article 48 (art. 48) of the Convention and

Rule 34 paras. 1 (a), 3 and 4 of Rules of Court B,

1.    Finds that

      (a)  the case raises no serious question affecting the

           interpretation or application of the Convention, as the

           Court has already established case-law on the "reasonable

           time" requirement in Article 6 para. 1 (art. 6-1) of the

           Convention; and

      (b)  the case does not, for any other reason, warrant

           consideration by the Court as, in the event of a finding

           that there has been a breach of the Convention, the

           Committee of Ministers of the Council of Europe can award

           the applicant just satisfaction, having regard to any

           proposals made by the Commission;

2.    Decides, therefore, unanimously, that the case will not be

      considered by the Court.

      Done in English and in French, and notified in writing on

15 May 1996 pursuant to Rule 34 para. 4 of Rules of Court B.

Signed: Franz MATSCHER

      Chairman

Signed: Herbert PETZOLD

      Registrar

 

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