Resolution CM/ResDH(2011)125[1]
Execution of the judgment of the European Court of Human Rights
Schädler and others against Liechtenstein
(Application No. 32763/08, judgment of 21/10/2010)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the excessive length of certain proceedings before the Constitutional Court (violation of Article 6, paragraph 1) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2011)125
Information about the measures to comply with the judgment in the case of
Schädler and others against Liechtenstein
Introductory case summary
The case concerns the excessive length of certain proceedings concerning a land development plan before the Constitutional Court. The proceedings had been pending for more than 4 years (between August 2003 and December 2007) (violation of Article 6§1).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
6 000 EUR
2 000 EUR
8 000 EUR
Paid on 29/11/2010
b) Individual measures
The proceedings at issue have been concluded. Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
The Court’s judgment has been translated into German and it will be published at the end of September 2011 in the Liechtensteinische Juristenzeitung (LJZ).
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicants of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that Liechtenstein has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies
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