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 21 September 1993 by Mr Rosario Scognamiglio against Italy
(Application No. 24814/94);
Whereas on 21 September 1995 the Commission transmitted the said report to
the Committee of Ministers and whereas 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; however, whereas that 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 29 January
1996 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, declared admissible by the Commission on 11
April 1995, the applicant complained of the excessive length of certain civil
proceedings;
Whereas in its report adopted on 4 July 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 559th meeting of the Ministers' Deputies held on 22 March
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