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 Fredin 2 case delivered on 23 February 1994 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application
(No. 18928/91) against Sweden lodged with the European Commission
of Human Rights on 9 April 1991 under Article 25 (art. 25) of the
Convention by Mr Anders Fredin, a Swedish national, and that the
Commission declared admissible the complaints that the applicant
had been denied a "fair and public hearing" before the Supreme
Administrative Court;
Recalling that the case was brought before the Court by the
Commission on 13 April 1993 and by the Government of Sweden
on 24 May 1993;
Whereas in its judgment of 23 February 1994 the Court
unanimously:
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
- held that Sweden was to pay the applicant, within three
months, 15 000 Swedish krona for non-pecuniary damage and
120 502 Swedish krona 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 Sweden to inform it of the
measures which had been taken in consequence of the judgment of
23 February 1994, having regard to Sweden'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 Sweden 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 23 March 1994, within the
time-limit set, the Government of Sweden paid the applicant the
sums provided for in the judgment of 23 February 1994,
Declares, after having taken note of the information supplied
by the Government of Sweden, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (95) 94
Information provided by the Government of Sweden
during the examination of the Fredin No. 2 case
by the Committee of Ministers
The Swedish Supreme Administrative Court has declared in a
decision of 7 February 1995 (case 2060-1994) that the rules
regarding the holding of oral hearings, contained in Article 6
(art. 6) of the Convention and as developed in the case-law of the
Convention organs, have become directly applicable in Swedish law
as a result of the incorporation of the Convention into Swedish law
as from 1 January 1995. The Supreme Administrative Court has,
accordingly, adapted its practice with regard to the holding of
oral hearings to the jurisprudence of the Court and has granted
oral hearings on a number of occasions (see, for example, the
Supreme Administrative Court's decision of 31 May 1994
(case 4849-1993) and its above-mentioned decision of
7 February 1995).
In addition the 1988 Act on Judicial Review of Certain
Administrative Decisions has been amended as from 1 April 1995
(Svensk författningssamling - the official journal - 1994:1759).
The amendments imply a more restricted role for the Supreme
Administrative Court as it will henceforth only review decisions
taken by the government. Administrative decisions taken by other
authorities are to be reviewed by the administrative courts of
appeal. As regards the procedure before the latter, Section 9 of
the Act on Administrative Procedure (förvaltningsprocesslagen)
provides that oral hearings shall be held if a party so requests,
the holding of such a hearing is not unnecessary and there are no
special reasons militating against it.
In view of these developments it must be assumed that the
administrative courts will henceforth apply the relevant domestic
provisions so as to conform with the "fair and public" hearing
requirement in Article 6, paragraph 1 (art. 6-1), as interpreted by
the European Court of Human Rights.
Full & Egal Universal Law Academy