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 Van de Hurk case delivered on 19 April 1994 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
the Netherlands lodged with the European Commission of Human Rights
on 1 December 1989 under Article 25 (art. 25) of the Convention by
M. Cornelis Petrus Maria Van de Hurk, a Dutch national, and that
the Commission has declared admissible the complaint that his case
had not been dealt with by an "independent and impartial" tribunal
since the Crown could decide that a judgment of the Industrial
Appeals Tribunal should not be implemented or suspend its
execution, as well as the complaint that he had not been afforded
a fair hearing before the Industrial Appeals Tribunal;
Recalling that the case was brought before the Court by the
Commission on 13 February 1993 and by the Government of the
Netherlands on 11 March 1993;
Whereas in its judgment of 19 April 1994 the Court:
- held, by six votes to three, that there had been a violation
of Article 6, paragraph 1 (art. 6-1), in that the applicant's civil
rights and obligations had not been "determined" by a "tribunal"
within the meaning of that provision;
- held, unanimously, that there had been no violation of
Article 6, paragraph 1 (art. 6-1), as regards the requirements of
fairness of proceedings;
- held, by eight votes to one, that the respondent state was
to pay to the applicant, within three months, 35 000 Dutch
guilders, together with any value-added tax which may be
chargeable, in respect of costs and expenses, to which was to be
added 6 336 French francs to be converted into Dutch currency at
the rate of exchange applicable on the date of delivery of this
judgment;
- dismissed, unanimously, 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 the Netherlands to inform it
of the measures which had been taken in consequence of the judgment
of 19 April 1994, 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 the Netherlands 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 9 August 1994 the Government
of the Netherlands has paid the applicant the sums provided for in
the judgment of 19 April 1994, i.e. a total sum of 43 200 Dutch
guilders,
Declares, after having taken note of the information supplied
by the Government of the Netherlands, that it has exercised its
functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH (94) 63
Information provided by the Government of the Netherlands
during the examination of the case of Van de Hurk
by the Committee of Ministers
As stated in the judgment of the Court (see paragraph 39), the
Industrial Appeals Act of 1954 (Wet Administratieve Rechtspraak
Bedrijfsorganisatie) has been repealed as of 1 January 1994.
On that date a General Administrative Code (Algemene Wet
Bestuursrecht) came into force, laying down new uniform rules of
administrative-law procedure. At the same time, the Industrial
Appeals Act 1954 was replaced by the Industrial Organisation
(Administrative Jurisdiction) Act (Wet Bestuursrechtspraak
Bedrijfsorganisatie). Under section 19 of that act, the new
uniform rules laid down in the General Administrative Code also
govern the procedure of the Tribunal.
There are no provisions in the new enactments similar to
section 74 of the Industrial Appeals Act, 1954 and empowering an
executive authority to interfere with the binding force of a
judgment.
The Government of the Netherlands considers that the new
legislation will prevent any repetition of the violation of the
Convention found by the Court in the present case.
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