The Committee of Ministers, under the terms of Article 32 (art. 32) of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(hereinafter referred to as "the Convention"),
Having regard to the report drawn up by the European Commission of Human
Rights in accordance with Article 31 (art. 31) of the Convention relating to the
application lodged on
12 March 1993 by Mr Vincenzo De Luca against Italy
(Application No. 22741/93);
Whereas on 11 July 1995 the Commission transmitted the said report to the
Committee of Ministers and the case has not been referred to the European Court
of Human Rights, neither by the Commission nor by a state entitled to do so
under Article 48
(art. 48) of the Convention, within the time-limit of three months from the
transmission of the reports to the Chairman of the Committee of Ministers;
whereas, however, within this time-limit, the applicant seized the Court in
accordance with Protocol No. 9 (P9) but considering that the screening panel of
the Court decided on 12 December 1995 that this case would not be considered by
the Court, the Committee of Ministers is now called upon to take a decision in
accordance with Article 32 (art. 32) of the Convention and with Article 48 (art.
48) of the Convention as amended by Article 5 of Protocol No. 9 (P9-5) for those
states having ratified the latter;
Whereas in his application, as declared admissible by the Commission on 11
January 1995, the applicant complained of the excessive length of certain civil
proceedings;
Whereas in its report adopted on 17 May 1995 the Commission expressed,
unanimously, the opinion that there had been a violation of Article 6, paragraph
1 (art. 6-1), of the Convention;
Whereas, at the 556th meeting of the Ministers' Deputies held on 9
February 1996, the Committee of Ministers, agreeing with the opinion expressed
by the Commission, held, having voted in accordance with the provisions of
Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention,
Authorises the publication of the report adopted by the Commission in this
case;
Decides to pursue the examination of the present case in accordance with
Article 32 (art. 32) of the Convention with a view to adopting the final
resolution.
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