Resolution CM/ResDH(2012)214[1]
Valentin Dumitrescu against Romania
Execution of the judgment of the European Court of Human Rights
(Application No. 36820/02, judgment of 1st April 2008, final on 1st July 2008)
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 transmitted by the Court to the Committee once it had become final;
Recalling that the violations of the Convention found by the Court in this case concern the lack of court review of the lawfulness of a decision of an administrative body in a case concerning the allocation of a plot of land, the excessive length of civil proceedings (violations of Article 6, paragraph 1), as well as the delay in executing a final court decision ordering the restitution of real property nationalised during the Communist regime (violations of Articles 6, paragraph 1 and 1 of Protocol No. 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;
Having examined the measures taken by the respondent State to that effect, the details of which appear in the Appendix;
Having noted in this respect that the issues concerning the excessive length of civil proceedings and the delay in executing final court decisions ordering the restitution of real property nationalized during the Communist regime are examined at present within the framework of the supervision of the execution of the groups of cases Nicolau against Romania (judgment of 12 January 2006) and Străin and others against Romania (judgment of 21 July 2005);
DECLARES, having examined the measures taken by the respondent State (see Appendix), 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(2012)214
Information about the measures to comply with the judgment in the case of
Valentin Dumitrescu against Romania
Introductory case summary
The case concerns the violation of the applicant’s right of access to a court due to the refusal of a domestic court, in 2002, to review the lawfulness of an administrative decision concerning the allocation of a plot of land and the excessive length of civil proceedings (violations of Article 6§1). The case concerns also the delay in executing a final court decision ordering the restitution of real property nationalised by the Communist authorities (violations of Articles 6§1 and 1 of Protocol No. 1)
I.Payment of just satisfaction and individual measures
a)Details of just satisfaction
Pecuniary and non-pecuniary damage
Costs and expenses
Total
8 000 EUR
900 EUR
8 900 EUR
Paid on 30/09/2008
b)Individual measures
Article 322§9 of the Code of Civil Procedure provides the possibility of reopening civil proceedings in cases in which the European Court found a violation.
The civil proceedings, which the European Court had held to be excessively long, came to an end in 2002.
The European Court noted that the final court decision ordering the restitution of the nationalised real property had been executed in 2003.
In addition, the European Court awarded the applicant just satisfaction in respect of all heads of damage. Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
1) Access to court: The general measures taken by the Romanian authorities are presented in the Final Resolution CM/ResDH(2011)255 adopted in the cases of Hauler and Stancu against Romania (judgments of 12/07/2007 and 29/04/2008).
2) Length of civil proceedings and delay in executing final court decisions ordering the restitution of nationalised real property: These aspects are being examined in the context of the Nicolau (1295/02) and Strain and others (57001/00) groups of cases.
III.Conclusions of the respondent State
The government considers that no other individual measure is necessary in this case, apart from the payment of the just satisfaction awarded by the Court and that the general measures taken will prevent violations similar to that relating to the lack of access to a court. The government will continue to make all the necessary efforts, within the framework of the supervision of the Committee of the Nicolau and Străin and others groups of cases, in respect of the other violations found by the Court in the present case with a view to avoiding similar violations. The government concludes that in the present case Romania has complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 6 December 2012 at the 1157th Meeting of the Ministers’ Deputies.
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