Resolution ResDH(2005)80
concerning the judgment of the European Court of Human Rights
of 22 June 2000 (Friendly settlement)
in the case of Nicoli against Italy
(Adopted by the Committee of Ministers on 18 July 2005,
at the 933rd 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 Nicoli case delivered on 22 June 2000 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. 43097/98) against Italy, lodged with the European Commission of Human Rights on 25 November 1997 under former Article 25 of the Convention by Ms Teresa Nicoli, 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 labour court;
Whereas in its judgment of 22 June 2000 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, the sum of 16 000 000 Italian lire, i.e. 15 000 000 Italian lire in respect of non-pecuniary damages and 1 000 000 Italian lire in respect of costs and expenses, within three months as from the notification of the judgment;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking out of a case which has been declared admissible 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, friendly settlement 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;
Taking note of the applicant's death during the proceedings, on 13 February 2000, and of the fact that no entitled person continued the proceedings on her behalf before the Court or the Committee of Ministers;
Considering accordingly that the execution of the payment undertakings contained in the friendly settlement has become without object and that no other measure was required in the present case to conform to the Court's judgment;
Recalling that, as regards the complaint declared admissible in this case, the Committee of Ministers is at present supervising the execution of several judgments of the Court and of a considerable number of decisions of the Committee of Ministers, under former Article 32 of the Convention, finding a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of proceedings before the Italian labour 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 Interim Resolutions DH(97)336, DH(99)437 and ResDH(2000)135),
Declares, after having examined the information supplied by the Government of Italy, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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