Interim Resolution ResDH(2002)58
Application No. 22716/93
P.G. II against Italy
(Adopted by the Committee of Ministers on 16 April 2002
at the 792nd meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”), as applicable to cases decided before the entry into force of Protocol No. 11,
Having regard to its decision of 28 January 1997 in the P.G. II case against Italy (Application No. 22716/93 - Interim Resolution DH (97) 18), finding a violation of the applicant’s right to respect for his private life, guaranteed by Article 8 of the Convention;
Considering that this violation resulted from the rigidity of Italian bankruptcy law (Royal Decree No. 267 of 16 March 1942), which does not allow, under any circumstances, to rehabilitate of a person declared bankrupt before a minimum 5-year term has expired and that the applicant in this case was accordingly refused an earlier rehabilitation, in spite of the particular and objectively unfavourable circumstances surrounding his bankruptcy in 1985;
Having regard to the Rules concerning the application of Article 46, paragraph 2, of the Convention, which apply also to cases decided under former Article 32 before the entry into force of Protocol No. 11 to the Convention;
Considering that High Contracting Parties have the legal obligation to take the necessary measures to comply with their obligation to abide by decisions establishing violations of the Convention, notably by preventing new violations of the Convention similar to those found;
Regretting that, since the finding of a violation in this case in January 1997, no measure has been taken yet in order to make the present bankruptcy law more flexible and thus allow for exceptions, subject to judicial supervision, in special cases like the one here at issue;
Noting however that, in January 2002, the Legislative Office of the Italian Ministry of Justice transmitted the decision in the P.G. II case to the President of a Commission responsible for drafting new bankruptcy legislation, pointing out the necessity of incorporating, in the draft, provisions that will allow Italy to comply with the obligations resulting from the Committee of Ministers’ decision in this case;
Invites the Italian authorities to adopt without further delay the necessary measures in order to prevent new violations similar to that found in this case,
Decides to resume consideration of this case, as far as general measures are concerned, once the new legislation has been adopted or, at the latest, at its first meeting in 2003.
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