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 Obermeier case delivered on 28 June 1990 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
Austria lodged with the European Commission of Human Rights on
24 September 1985 under Article 25 (art. 25) of the Convention
by Mr Karl Obermeier, an Austrian national, who complained that
the jurisdictions called upon to rule on the lawfulness of a
suspension and a dismissal were not courts within the meaning of
Article 6, paragraph 1 (art. 6-1) of the Convention and of the
length of the proceedings relating thereto;
Recalling that the case was brought before the Court by the
Commission on 16 March 1989 and by the Government of Austria on
7 April 1989;
Whereas in its judgment of 28 June 1990 the Court unanimously:
- declared that the Government were estopped from
pleading non-exhaustion of domestic remedies;
- held that there had been a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention;
- held that it was not necessary to examine the case
under Articles 13 and 14 (art. 13, art. 14);
- held that the respondent State was to pay to
Mr Obermeier, in respect of non-pecuniary damage, 100
000 Austrian schillings and, for costs and expenses,
100 000 Austrian schillings;
- 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 Austria to inform it of the
measures which had been taken in consequence of the judgment of
28 June 1990, 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 Austria 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 the Government of Austria
has paid the applicant the sums provided for in the judgment,
Declares, after having taken note of the information supplied by
the Government of Austria, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH(92)51
Information provided by the Government of Austria
during the examination of the Obermeier case
by the Committee of Ministers
The Disabled Persons (Employment) Act 1970 was amended by an act
dated 26 June 1992, which came into force on 1 July 1992.
Appeals from the Disabled Persons Board's decisions with regard
to the prior authorisation necessary for any valid dismissal of
a disabled person will no longer be heard by the Provincial
Governor, whom the Court held not to be an independent tribunal
within the meaning of Article 6, paragraph 1 (art. 6-1), of the
Convention.
Section 13 of the Disabled Persons (Employment) Act as amended
in June 1992 provides for the setting up of an independent
Appeals Board which will deal on a national level with all
appeals brought against the decisions taken by the Disabled
Persons Board in first instance.
The decisions taken by the Appeals Board may be challenged both
in the Administrative Court and in the Constitutional Court.
Its composition will be that of a joint board, that is a judge
acting as president and four lay assessors, of which two put
forward by the Federal Chamber of Commerce, one by the Federal
Chamber of Workers and Employees and one by an association of
disabled persons. The members of the board will be nominated by
the Minister of Justice for a period of five years, but which is
renewable. The joint composition of the board ensures
independence and impartiality and its procedure will comply with
the requirements set out in Article 6, paragraph 1 (art. 6-1),
of the Convention.
The sums awarded by the Court by way of just satisfaction were
paid on 21 August 1990.
Full & Egal Universal Law Academy