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 Procola case delivered on 28 September 1995 and transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application (No. 14570/89) against Luxembourg, lodged with the European Commission of Human Rights on 22 November 1988 under Article 25 (art. 25) of the Convention by an association under Luxembourg law - the Agricultural Association for the Promotion of Milk Marketing ("Procola") - and sixty-three of its members, and that the Commission declared admissible the complaints relating to the lack of independence and impartiality of the Judicial Committee of the Conseil d'Etat;
Recalling that the case was brought before the Court by the Commission on 9 September 1994;
Whereas in its judgment of 28 September 1995 the Court unanimously:
- held that Article 6, paragraph 1 (art. 6-1), of the Convention was applicable in this case;
- held that there had been a breach of Article 6, paragraph 1
(art. 6-1), of the Convention;
- held that the respondent state was to pay the applicant association, within three months, 350 000 Luxembourg francs for 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 Luxembourg to inform it of the measures which had been taken in consequence of the judgment of 28 September 1995, having regard to Luxembourg's 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 Luxembourg 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 1995, within the time-limit set, the Government of Luxembourg paid the applicant association the sum provided for in the judgment of
28 September 1995,
Declares, after having taken note of the information supplied by the Government of Luxembourg, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (96) 19
Information provided by the Government of Luxembourg
during the examination of the Procola case
by the Committee of Ministers
The Act of 27 October 1995, amending the Act of
8 February 1961, as amended, on the organisation of the Conseil d'Etat, contains notably the following provisions:
"Section I. The Act of 8 February 1961, as amended, on the organisation of the Conseil d'Etat shall henceforth read as follows:
1. A third paragraph shall be inserted in Section 1, which reads as follows: "The Judicial Committe shall be enlarged with five substitute members."
2. The following two paragraphs shall be added to Section 5: "The substitute members of the Judicial Committee shall be appointed by the Grand Duke and chosen from candidates who shall be court judges (...)."
(...)
3. (...)
4. Section 21 is replaced by the following text: When sitting, deliberating and delivering its decisions, the Judicial Committee shall be composed of three members, subject to exceptions provided by special laws.
In case of impediment a member of the Judicial Committee shall be replaced by another member.
If it proves impossible to constitute the Judicial Committee, it will be completed by one or more substitute members of the Judicial Committee.
The decisions of the Judicial Committee are taken by a majority of votes."
5. A new third paragraph shall be added to Section 22, which reads as follows: "Likewise, the members of the Judicial Committee shall not sit in cases concerning the application of provisions of laws or decrees in respect of which they have taken part in the deliberations of the Conseil d'Etat."
Section II. The provisions under point 4. and 5. of the previous section shall apply to all disputes submitted to the Judicial Committee including those in respect of which the member-rapporteur has already established his report.
Section III. The present act shall enter into force on the day of its publication in the Mémorial and shall remain in force until
15 July 1996. At that date the term of office of the substitute members shall expire."
This act was published in the Mémorial No. A 89, p. 2060, on 30 October 1995.
This interim act will be replaced, as from 15 July 1996, by a new definitive act drafted in the same spirit and in a manner consistant with the European Court's judgment in the Procola case.
In the light of the above changes the Government of Luxembourg considers that there is no risk of any repetition of the violation found in the present case and that it has, accordingly, complied with its obligations under Article 53 (art. 53) of the Convention.
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