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 De Moor case delivered on 23 June 1994 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
Belgium lodged with the European Commission of Human Rights on
26 June 1990 under Article 25 (art. 25) of the Convention by
Mr Jérôme De Moor, a Belgian national, and that the Commission
declared admissible the complaints concerning the proceedings
before the Hasselt Bar Council regarding the applicant's
application for enrolment on the list of pupil advocates and the
length of proceedings before the Conseil d'Etat;
Recalling that the case was brought before the Court by the
Commission on 13 April 1993;
Whereas in its judgment of 23 June 1994 the Court unanimously:
- dismissed the Government's preliminary objections;
- held that Article 6, paragraph 1 (art. 6-1), was applicable
in this case and that there had been a violation of this provision;
- held that the respondent state was to pay to the applicant,
within three months, 400 000 Belgian francs for non-pecuniary
damage and 40 000 Belgian francs for costs and expenses;
- dismissed the remainder of the claim for just satisfaction;
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 Belgium to inform it of the
measures which had been taken in consequence of the judgment of
23 June 1994, having regard to Belgium's 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 Belgium gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that on 31 August 1994 the Government
of Belgium paid the applicant the sum provided for in the judgment
of 23 June 1994,
Declares, after having taken note of the information supplied
by the Government of Belgium, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (94) 80
Information provided by the Government of Belgium
during the examination of the case of De Moor
by the Committee of Ministers
The Act of 19 November 1992 has amended Article 432 of the
Judicial Code by requiring that any rejection of an application for
enrolment on the list of pupil advocates has to state reasons;
furthermore, according to the new Article 469bis an appeal lies
from such a decision to the Disciplinary Appeals Board, without
prejudice to the right to file an appeal on points of law with the
Court of Cassation at a later stage. Moreover, Article 467, second
paragraph, provides henceforth for public hearings before the Bar
Council in disciplinary matters.
The Government is of the opinion that these changes
(mentioned, inter alia, in paragraph 31 of the Court's judgment)
are sufficient to prevent the repetition of the violation found by
the Court in the present case.
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