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 case of Giancarlo Lombardo against Italy, delivered
on 26 November 1992 and transmitted the same day to the Committee
of Ministers;
Recalling that the case originated in an application against
Italy lodged with the European Commission of Human Rights on
29 July 1986 under Article 25 (art. 25) of the Convention by
Mr Giancarlo Lombardo, an Italian national, who complained of the
length of certain civil proceedings instituted by him before the
Court of Audit;
Recalling that the case was brought before the Court by the
Commission on 13 December 1991;
Whereas in its judgment of 26 November 1992 the Court
unanimously:
- held that Article 6, paragraph 1 (art. 6-1), was
applicable in the case and had been violated;
- held that the judgment constituted in itself sufficient
just satisfaction for any non-pecuniary damage sustained;
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 Italy to inform it of the
measures which had been taken in consequence of the judgment of
26 November 1992, having regard to Italy'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 Italy gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution,
Declares, after having taken note of the information
supplied by the Government of Italy, that it has exercised its
functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH (94) 25
Information provided by the Government of Italy
during the examination of the Giancarlo Lombardo case by the
Committee of Ministers
The organisation of the Court of Audit has been amended by
a legislative decree of 15 November 1993 (No. 453), converted
into parliamentary legislation by Act No. 19 of 14 January 1994.
The new organisation introduces judicial sections of the Court
of Audit in all regions of Italy. These sections shall be
established within a time-limit of seven months from the entry
into force of the legislative decree. The decisions of these
regional sections may be appealed against to the central judicial
section within a period of sixty days. Questions of principle
and questions concerning conflicts of competence may furthermore
be brought before the joint section of the Court of Audit by the
regional and central sections, as well as by the public
prosecutor.
The magistrates of the regional sections are nominated by
the President of the Court of Audit. Without the consent of the
magistrate concerned the period of appointment cannot exceed two
years.
The new regulations allow the Court of Audit to delegate the
investigation of certain questions to civil servants and also to
request the assistance of technical experts. The regulations
also affect the organisation of the public prosecutor's office.
A general prosecutor or another magistrate designated ex officio
is henceforth attached to each regional section. These officials
intervene mainly in public servants' liability cases, their
competence in retirement pension cases henceforth being limited
to the power to appeal in the interest of the law.
The Italian Government considers that this reform, the cost
of which has been evaluated at 4 160 million lire, will ensure
that in the future the proceedings before the Court of Audit
which fall under Article 6 (art. 6) of the Convention will lead
to judgment within a reasonable time, within the meaning of the
said article (art. 6).
Full & Egal Universal Law Academy