Interim Resolution CM/ResDH(2018)106
Execution of the judgments of the European Court of Human Rights
Gazsó group v. Hungary
(Adopted by the Committee of Ministers on 15 March 2018 at the 1310th meeting of the Ministers’ Deputies)
Application
Case
Judgment of
Final on
48322/12
GAZSÓ
16/07/2015
16/10/2015
25065/09
DÖMÖTÖR
22/10/2013
22/10/2013
33795/08
MAGYAR CEMENT KFT
28/05/2013
28/05/2013
25411/10
NÉMETH
17/02/2015
17/02/2015
5766/05
SCHWARTZ AND OTHERS
03/11/2009
01/12/2009
19478/03
TARDI AND OTHERS
23/10/2007
23/01/2008
36630/11
BALOGH
09/02/2016
09/02/2016
7952/12+
JENEI AND OTHERS
20/10/2016
20/10/2016
29143/09
KARACS
15/12/2015
15/12/2015
236/12
KÉZDISZENTKERESZTI BÍRÓ
18/10/2016
18/10/2016
60670/11+
KHARON KFT AND FREHA
20/10/2016
20/10/2016
31956/13
LAKICS
18/07/2017
18/07/2017
6018/12+
MÁTHÉ AND SZABÓ
20/10/2016
20/10/2016
76928/11
MÁTYUS
04/10/2016
04/10/2016
20264/12
RÁCZ
18/10/2016
18/10/2016
2240/12+
SZEBELLÉDI AND OTHERS AND 2 OTHER APPLICATIONS
20/10/2016
20/10/2016
43355/11
TEMESFŐI AND OTHERS
18/10/2016
18/10/2016
42329/09
VARGA
22/03/2016
22/03/2016
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 considerable number of judgments of the Court finding violations of Article 6, paragraph 1, and in some of these judgments also violations of Article 13 of the Convention, due to the excessive length of civil and criminal proceedings and the lack of an effective remedy in this respect in Hungary;
Recalling that the first case of this kind became final in 2003 and the problem has thus persisted for over 14 years, and that in view of the scale of the problem the Court delivered a pilot judgment in the case of Gazsó which set 16 October 2016 as deadline for the introduction of “an effective domestic remedy or combination of such remedies”;
Recalling that excessive delays in the administration of justice constitute a serious danger for the respect of the rule of law, resulting in a denial of rights enshrined in the Convention;
Reiterating the additional undue burden on the Court due to the high number of similar cases pending (approximately 1,000) and the new similar applications that are being lodged with the Court, and the serious threat to the effectiveness of the Convention system arising from the failure to abide by the obligations deriving from a pilot judgment;
Expressing grave concern that, despite the Committee’s repeated calls, and contrary to the authorities’ own previous indications, almost one and a half years after the expiry of the deadline set by the Court no tangible progress has been achieved as regards the introduction of an effective domestic remedy or combination of such remedies addressing the issue of excessively lengthy court proceedings;
Noting that the Hungarian authorities have informed the Committee of their intention to introduce a compensatory remedy for excessively lengthy court proceedings by 31 October 2018 and recalling that by then the deadline set by the Court will have expired more than two years previously;
CALLED UPON the Hungarian authorities to redouble their efforts to ensure that the legislative process envisaged for the introduction of a compensatory remedy for excessively lengthy court proceedings is completed in line with the new timetable presented, i.e. by 31 October 2018;
INVITED the authorities to submit the details of their new timetable by 30 April 2018, at the latest, and to keep the Committee of Ministers informed, on a monthly basis, about all relevant developments in the legislative process so as to allow for continuous monitoring of the progress achieved and the steps taken to respect the new timetable;
DECIDED to resume examination of this item, in the light of the information received from the authorities, at one of its next Human Rights meetings and at the latest, at its 1331st meeting (December 2018) (DH).
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