Resolution ResDH(2002)84
concerning the judgment of the European Court of Human Rights
of 27 February 2001
in the case of Milazzotto against Italy
(Adopted by the Committee of Ministers on 24 June 2002
at the 798th 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 as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Milazzotto case against Italy delivered on 27 February 2001 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 35345/97) against Italy, lodged with the European Commission of Human Rights on 29 May 1996 under previous Article 25 of the Convention by Mr Gaetano Milazzotto, an Italian national and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain proceedings concerning civil rights and obligations before the administrative courts;
Whereas in its judgment of 27 February 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Italy would pay the applicant, within three months as from the notification of the Court’s judgment, the sum of 41 000 000 Italian lire, i.e. 36 000 000 Italian lire in respect of non-pecuniary damage and 5 000 000 Italian lire in respect of costs and expenses;
Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 21 May 2001, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sums provided for in the friendly settlement;
Recalling that, as regard the applicant’s complaint declared admissible in this case, the Committee of Ministers is at present supervising the execution of several judgments of the Court and decisions of the Committee of Ministers, under previous Article 32 of the Convention, finding a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of proceedings concerning civil rights and obligations before the Italian administrative courts;
Whereas, in this connection, the Italian authorities informed the Committee of Ministers that they were drafting and adopting new general measures in order to put to an end the serious problem of excessive length of proceedings, so as to prevent new violations similar to those already found in the above-mentioned cases (see Resolutions DH (99) 436 et DH (2000) 135);
Declares, after having taken note of the information supplied by the Government of Italy, that the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case.
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