Resolution CM/ResDH(2020)365
Execution of the judgments of the European Court of Human Rights
Three cases against Italy
(Adopted by the Committee of Ministers on 3 December 2020
at the 1390th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
30403/03
GE.PA.F. S.R.L. AND OTHERS
07/12/2010
07/03/2011
39432/03
SELVAGGIO AND OTHERS
18/10/2011
18/10/2011
8456/09
AMBROSINI AND 17 OTHER APPLICATIONS
08/11/2012
08/11/2012
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 established of Article 6, paragraph 1 and/or Article1 of Protocol No. 1 due to several shortcomings of a compensatory (“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 has been paid by the government and the domestic proceedings at stake were already concluded when the judgments of the European Court became final;
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 from the scope of the remedy and limited the amount of compensation, the ineffectiveness of the remedy in relation to administrative proceedings and its inapplicability to delays in preliminary investigations with regards to the injured party, 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.
Full & Egal Universal Law Academy