Resolution CM/ResDH(2008)45[1]
Execution of the judgments of the European Court of Human Rights
Albanese, Campagnano and Vitiello against Italy
(Application no 77924/01, 77955/01 and 77962/01, judgments of 23 March 2006, final on 3 July 2006)
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 judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court in these cases concern several violations of applicants' rights throughout proceedings to establish their bankruptcy and/or after the closure of the bankruptcy proceedings, such as the improper suspension of their electoral rights, the setting of limits to their personal capacity and absence of a remedy to complain of those limits (violations of Article 3 of Protocol No. 1, 8 and 13) (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 judgments;
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 judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the 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
- 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 these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2008)45
Information about the measures to comply with the judgments in the cases of
Albanese, Campagnano and Vitiello against Italy
Introductory case summary
These cases concern restrictions of various rights, ordered in bankruptcy proceedings against the applicants, i.e.:
- suspension of electoral rights for five years counting from the declaration of bankruptcy: the European Court found that this measure, which is applicable to bankrupts even in the absence of deceit or fraud on the sole basis of their insolvency, resulted in the marginalisation of the applicants and had the appearance of a moral sanction. This measure, provided by presidential decree No. 223 of 20/03/1967 and modified by Law No. 15 of 16/01/1992, does not in the Court's view pursue any legitimate aim (violations of Article 3 of Protocol No. 1).
- Limits on the personal capacity of the applicants: as a result of being automatically registered as bankrupt, the applicants are barred from a number of professional activities (managing agent of a property, stockbroker, auditor, arbitrator, administrator or liquidator of commercial companies) as well as from the rolls of certain professions (advocate, notary, commercial adviser). They may not obtain rehabilitation and thus put an end to these restrictions until five years after the closure of the bankruptcy proceedings. The European Court considered that this interference, which is based on Article 50 of the Bankruptcy Act, was not necessary in a democratic society (violation of Article 8). Furthermore, concerning this violation, the European Court held that the applicants disposed of no effective remedy (violation of Article 13).
I.Payments of just satisfaction and individual measures
a) Details of just satisfaction
Name and application number
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Albanese,
77924/01
-
-
2 000 EUR
2 000 EUR
Paid on 21/08/2006
Campagnano, 77955/01
-
-
2 000 EUR
2 000 EUR
Paid on 21/08/2006
Vitello,
77962/01
-
-
4 000 EUR
4 000 EUR
Paid on 21/08/2006
b) Individual measures
No individual measure is necessary as the restrictions on the applicants were lifted by the recent reform of 2006 described below.
II.General measures
Legislative Decree No. 5/2006, adopted in January 2006 has resolved the questions raised in the Court's judgments in these cases. Article 152 of this decree has repealed the provisions concerning the suspension of electoral rights and Article 47 has removed the restriction on personal capacity (for further details see Interim Resolution CM/ResDH(2007)27 “Bankruptcy proceedings in Italy: progress achieved and problems remaining in the execution of the judgments of the European Court of Human Rights”, adopted by the Committee of Ministers on 4 April 2007).
III.Conclusions of the respondent state
The government considers that the measures taken will prevent new, similar violations and that Italy has thus complied 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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