Resolution CM/ResDH(2011)20[1]
Execution of the judgment of the European Court of Human Rights
Crişan against Romania
(Application No. 42930/98, judgment of 27 May 2003, final on 27 August 2003)
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 judgment in this case, 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 the fact that the applicant could not challenge before a court the lawfulness of the decisions of an administrative body granting him certain rights as a person who had been persecuted on political grounds, following the repeal of the possibility to lodge a judicial complaint against such decisions (violation of article 6, paragraph 1) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its 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 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 by the Court in its judgments, 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;
DECLARES, having examined the measures taken by the respondent state (see Appendix) and considering the decision taken at the 914th meeting of the Ministers’ Deputies (23 February 2005), 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(2011)20
Information about the measures to comply with the judgment in the case of
Crişan against Romania
Introductory case summary
The case concerns the fact that the applicant could not challenge before a court the lawfulness of the decisions of an administrative body (issued in 1991 and 1994 based on Legislative Decree No. 118/1990) granting him certain rights as a person who had been persecuted on political grounds, following the repeal in 1997 of the possibility to lodge a judicial complaint against such decisions (violation of Article 6§1). In 1998, a legislative reform re-instituted the possibility of a judicial complaint in this field. The European Court nonetheless found that in the circumstances of the case it had not been sufficiently established that the applicant could have used this procedure.
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary and non-pecuniary damage
Costs and expenses
Total
4 000 EUR
600 EUR
4 600 EUR
Paid on 24 November 2003
b) Individual measures
The Romanian authorities have indicated that in May 1998 the applicant lodged a new request with the competent administrative authorities to obtain certain rights as a person who had been persecuted on political grounds. By an administrative decision of 01/06/1998, this request was accepted and, as of that date, the applicant was granted the rights asked for. The government therefore considers that the applicant no longer had any interest in bringing the case before the courts.
In addition, it was open to the applicant to request the revision of the 1997 court decision which denied him access to a court.
Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
The Romanian authorities have indicated that, following the 1998 legislative reform, the possibility to challenge before a court administrative decisions concerning the rights of persons who had been persecuted on political grounds was re-established. The authorities have submitted examples of court decisions confirming the effectiveness of this reform.
Furthermore, the authorities indicated that there was a reduced number of persons who, like the applicant, had been denied access to a court between 1997 and 1998, and that most of them had already used the new judicial procedure provided by the 1998 legislative reform.
Moreover, besides the publication in the Official Journal, the judgment of the European Court has been included in a collection of judgments rendered against Romania between 1998 and 2004, two thousand copies of which have been distributed free of charge, in particular to courts, as part of the dissemination of the Court’s case-law.
III.Conclusions of the respondent state
The government considers that no other individual measure is required in this case, over and above the payment of the just satisfaction awarded by the European Court, that the general measures taken will prevent similar violations and that Romania has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 10 March 2011 at the 1108th Meeting of the Ministers’ Deputies
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