Resolution CM/ResDH(2008)67[1]
Execution of the judgment of the European Court of Human Rights
Troiani against Italy
(Application No. 41221/98, judgment of 6 December 2001, final on 10 July 2002)
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 disciplinary proceedings (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 Italy's 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;
Recalling that a finding of violations by the Court requires 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) and considering the decision taken at the 810th meeting of the Ministers' Deputies (21 October 2002), 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(2008)67
Information about the measures taken to comply with the judgment
in the case of Troiani against Italy
Introductory case summary
The case concerns the excessive length of certain proceedings before disciplinary organs of the Bar. The proceedings lasted from 1983 to 1997, more than 13 years and 9 months, involving seven degrees of jurisdiction (violation of Article 6§1).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
The Court dismissed the applicant's claims for just satisfaction, as these had been filed outside the time‑limit set by Article 60 of the Court's rules.
b) Individual measures
In the light of the Court's conclusions regarding just satisfaction and as the proceedings at issue came to an end in 1997 with no disciplinary sanction applied to the applicant, individual measures do not appear to be necessary in this case.
II.General measures
The government considers that the violation of Article 6, paragraph 1, found in this case, is essentially due to the particular circumstances of the case and that it does not call for the adoption of general measures, as it does not reveal in itself any structural shortcoming in proceedings before the disciplinary organs of the Bar.
III.Conclusions of the respondent state
The government considers, in the light of the above information, that Italy has complied in this case with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 25 June 2008 at the 1028th meeting of the Ministers’ Deputies
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