Resolution CM/ResDH(2019)238
Execution of the judgments of the European Court of Human Rights
Nine cases against Italy
(Adopted by the Committee of Ministers on 25 September 2019 at the 1355th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
13431/07
FRANCESCO QUATTRONE
26/11/2013
14/04/2014
14055/04
MERCURI
22/10/2013
22/10/2013
17760/03
ZUCCHINALI
21/10/2014
21/10/2014
19875/03
DELFA MONTAGGI INDUSTRIALI S.R.L.
19/10/2010
19/01/2011
21925/15
AJMONE MARSAN AND OTHERS
10/01/2019
10/01/2019
23704/03
PASCARELLA
20/09/2011
20/09/2011
29430/03
VICARIO
30/11/2010
28/02/2011
32143/10
DI SANTE
27/04/2017
27/07/2017
7603/03
DI MATTEO
21/12/2010
21/03/2011
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 final judgments transmitted by the Court to the Committee in these cases and to the violations of Article 6, paragraph 1 and/or Article 1 of Protocol No. 1 established due to several shortcomings of a compensatory remedy (“Pinto” remedy) available since 2001 to victims of excessively long judicial proceedings;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having considered that the question of individual measures was resolved in these cases, since the just satisfaction, where awarded, has been paid by the government, which has also brought the proceedings which were still ongoing when the judgments of the European Court became final to the attention of the domestic courts with a view to their expedition;
Recalling that the remaining questions with regard to the functioning of the “Pinto” remedy, namely the 2012 reform which excluded proceedings lasting six years or less or set a cap on the compensation awarded in certain situations, the ineffectiveness of the remedy in relation to administrative proceedings and its inapplicability to delays in preliminary investigations, continue to be examined in the cases of the Olivieri and Others group which remain under the Committee’s supervision;
Underlining that the closure of the cases listed above in no way prejudges the Committee’s evaluation of the general measures in relation to the functioning of the “Pinto” remedy,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and
DECIDES to close the examination of these cases.
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