Resolution ResDH(2006)70[1]
Execution of the judgment of the European Court of Human Rights
Kilián against Czech Republic
(Application No 48309/99, judgment of 7 December 2004, final on 6 June 2005)
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 referred to as “the Convention” and “the Court”);
Having regard to the final judgment in this case, transmitted by the Court to the Committee on 6 June 2005;
Recalling that the violation of the Convention found by the Court in this case concerns the lack of access to a Court, the Regional Court having declared itself incompetent to re-examine a procedural administrative decision concerning a building permit (Article 6, paragraph 1), (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Czech Republic's obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee's Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violation by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing similar violations;
Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and DECIDES to close its examination.
Appendix to Resolution ResDH(2006)70
Information about the measures to comply with the judgment in the case of
Kilián against Czech Republic
Introductory case summary
This case concerns lack of access to a court. In 1996 the applicant applied for a building permit but the administrative authorities turned down his request on 6 January 1997. The Regional Court declined jurisdiction to hear his appeal, basing its decision on the law then in force, according to which courts were not competent to re-examine procedural administrative decisions. The applicant's appeal to the Constitutional Court was dismissed as manifestly ill-founded as the Regional Court's decision was in conformity with the law.
The European Court recalled that decisions taken by administrative authorities which did not themselves satisfy the requirements of Article 6, paragraph 1, must be open to scrutiny by a judicial body which does comply with that provision. It found that there had been no adequate judicial scrutiny of the merits of the administrative decision, as the Constitutional Court considered only the constitutionality of the judicial decision (violation of Article 6, paragraph1).
Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
-
€ 1 500
€ 1 500
Paid on 15 August 2005
b) Individual measures
According to the Czech authorities, the deadline for requesting re-examination of the decision of 6 January 1997 has already expired, but the applicant may initiate new administrative proceedings if his situation has not been changed.
General measures
In 2001, Article 248, paragraph 2 e), of the Code of Civil Procedure, on which the Regional Court based its decision, was amended to delete the notion of “procedural decision”. Moreover, the Czech Constitutional Court, in a judgment of 27 June 2001, decided to annul the whole administrative section of the Code, which subsequently underwent major reform. According to the new rules, which entered into force in 2003, applicants may request annulment of a decision concerning an act of an administrative authority, if this decision prejudices them directly or violates their rights. This principal applies also to administrative decisions extinguishing a case.
The judgment of the Court has been published on the website of the Ministry of Justice (>).
[1] Adopted by the Committee of Ministers on 20 December 2006 at the 982nd meeting of the Ministers’ Deputies
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