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 on 5 December 1995 by the European
Commission of Human Rights in accordance with Article 31 (art. 31) of the
Convention relating to the application lodged on 3 May 1993 by Ms Luisa Magno Di
Gaspare against Italy
(Application No. 26007/94);
Whereas on 5 February 1996 the Commission transmitted the said report to
the Committee of Ministers and whereas the period of three months provided for
in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without
the case having been brought before the European Court of Human Rights in
pursuance of Article 48 (art. 48) of the Convention;
Whereas in her application, declared admissible by the Commission on 13
September 1995, the applicant complained of the excessive length of certain
civil proceedings and of a breach of the right to the peaceful enjoyment of her
possessions because of the excessive length of these proceedings;
Whereas in its report the Commission expressed, unanimously, the opinion
that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention and that it was not necessary to examine whether there had been a
violation of
Article 1 of Protocol No. 1 (P1-1);
Whereas, at the 571st meeting of the Ministers' Deputies held on 4
September 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.
Full & Egal Universal Law Academy