Resolution CM/ResDH(2016)205
Execution of the judgments of the European Court of Human Rights
Manzanas Martin against Spain
Application No.
Case
Judgment of
Final on
17966/10
MANZANAS MARTIN
03/04/2012
05/03/2013
03/07/2012
05/03/2013
(Adopted by the Committee of Ministers on 6 September 2016
at the 1263rd meeting of the Ministers’ Deputies)
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 this case and to the violation found of Article 14 of the Convention in conjunction with Article 1 of Protocol No.1 because of the discriminatory treatment between Catholic priests and Evangelical Church ministers concerning their rights to retirement pensions;
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 examined the action report provided by the government indicating the measures adopted in order to give effect to the judgments (see document DH-DD(2015)1306);
Having noted that the discriminatory treatment in question stemmed from the fact that, contrary to Catholic priests, Evangelical Church ministers had no means of having their earlier years of pastoral service prior to their integration into the social-security scheme taken into account for the calculation of the minimum period necessary to be entitled to retirement pensions;
Having noted that the Royal Decree 839/2015 of 21 September 2015 introduced this possibility for priests of churches integrated in the Federation of Evangelic Religious Entities of Spain;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
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