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 Maciariello case delivered on 27 February 1992 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application
(No. 12284/86) against Italy, lodged with the European Commission
of Human Rights on 23 May 1986 under Article 25 (art. 25) of the
Convention by Mr Vittorio Maciariello, an Italian national, and
that the Commission declared admissible the complaint concerning
the excessive length of certain civil proceedings;
Recalling that the case was brought before the Court by the
Commission on 8 March 1991;
Whereas in its judgment of 27 February 1992 the Court
unanimously:
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
- held that the respondent state was to pay the applicant,
within three months, 2 000 000 Italian lire for non-pecuniary
damage;
- dismissed the remainder of the applicant's claim;
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 27 February 1992, having regard to its obligation under
Article 53 (art. 53) of the Convention to abide by it;
Whereas the Government of Italy recalled that measures had
already been taken to prevent the repetition of the violation found
in this case, through notably the entry into force on 30 April and
1 May 1995 of two laws restructuring the civil courts and speeding
up the proceedings in civil cases (see Resolution DH (95) 82 in the
case of Zanghì against Italy);
Having satisfied itself that on 12 November 1992 the
Government of Italy paid the applicant the sum provided for in the
judgment of 27 February 1992,
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.
Full & Egal Universal Law Academy