CASE OF MASSA AGAINST ITALY



     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 case of Massa against Italy delivered on

24 August 1993 and transmitted the same day to the Committee of

Ministers;

     Recalling that the case originated in an application against

Italy lodged with the European Commission of Human Rights on

2 November 1988 under Article 25 (art. 25) of the Convention by

Mr Aldo Massa, an Italian national, who complained of the length

of certain civil proceedings which he had brought before the

Court of Audit;

     Recalling that the case was brought before the Court by the

Commission on 10 July 1992;

     Whereas in its judgment of 24 August 1993, the Court

unanimously:

     - held that Article 6 (art. 6) applied in the instant case

and had been breached;

     - held that the Italian State was to pay the applicant,

within three months, 10 000 000 Italian lire in respect of

non-pecuniary damage and 8 365 000 Italian lire in respect of

costs and expenses;

     - dismissed the remainder of the claim for just

satisfaction;

     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

24 August 1993, having regard to its obligation under Article 53

(art. 53) of the Convention to abide by it;

     Whereas, during the examination of the case by the Committee

of Ministers, the Government of Italy gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

     Having satisfied itself that on 20 December 1993 the

Government of Italy paid the applicant the sum provided for in

the judgment of 24 August 1993,

     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.

               Appendix to Resolution DH (94) 32

        Information provided by the Government of Italy

           during the examination of the Massa case

                 by the Committee of Ministers

     The organisation of the Court of Audit has been amended by

a legislative decree of 15 November 1993 (No. 453), converted

into parliamentary legislation by Act No. 19 of 14 January 1994.

The new organisation introduces judicial sections of the Court

of Audit in all regions of Italy.  These sections shall be

established within a time limit of seven months from the entry

into force of the legislative decree.  The decisions of these

regional sections may be appealed against to the central judicial

section within a period of sixty days.  Questions of principle

and questions concerning conflicts of competence may furthermore

be brought before the joint section of the Court of Audit by the

regional and central sections, as well as by the public

prosecutor.

     The magistrates of the regional sections are nominated by

the President of the Court of Audit.  Without the consent of the

magistrate concerned the period of appointment cannot exceed two

years.

     The new regulations allow the Court of Audit to delegate the

investigation of certain questions to civil servants and also to

request the assistance of technical experts.  The regulations

also affect the organisation of the public prosecutor's office.

A general prosecutor or another magistrate designated ex officio

is henceforth attached to each regional section.  These officials

intervene mainly in public servants' liability cases, their

competence in retirement pension cases henceforth being limited

to the power to introduce an appeal in the interest of the law.

     The Italian Government considers that this reform, the cost

of which has been evaluated at 4 160 million lire, will ensure

that in the future the proceedings before the Court of Audit

which fall under Article 6 (art. 6) of the Convention will lead

to judgment within a reasonable time, within the meaning of the

said article (art. 6).

 

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