Resolution CM/ResDH(2023)288
Execution of the judgment of the European Court of Human Rights
Palaia against Italy
(Adopted by the Committee of Ministers on 18 October 2023
at the 1478th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
23593/14
PALAIA
10/11/2022
10/11/2022
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 judgment transmitted by the Court to the Committee in this case and to the violation of Article 6 of the Convention established on account of the application of newly enacted legislation to pending court proceedings, concerning the calculation of the retirement pensions of Italian nationals who had worked in Switzerland, which had effectively decided the outcome of these proceedings in favour of the State;
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 information provided regarding the payment of the just satisfaction awarded by the Court;
Considering that the question of the individual measures was resolved in this case given that the just satisfaction awarded to compensate the pecuniary and non-pecuniary damage suffered by the applicant and duly paid erased all the negative consequences for her of the violation established;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment was examined in the framework of the group of cases Agrati and Others v. Italy (Application No. 43549/08) and continues to be examined within the framework of the group of cases Stefanetti and Others v. Italy (Application No. 21838/10), also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required to correct the continuing adverse consequences of the retrospective application of the legislation at issue on the rights of individuals in the same situation as the applicant;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise in the group of cases Stefanetti and Others v. Italy the adoption of the necessary general measures to remedy the continuing adverse consequences of the retrospective application of the legislation at issue in similar cases;
DECIDES to close the examination of this case.
Full & Egal Universal Law Academy