Information Note on the Court’s case-law No.
September 1997
Soldani v. Italy - 25835/94
Judgment 2.9.1997
Article 6
Article 6-1
Civil rights and obligations
Length of proceedings in the administrative courts:
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries. It also covers the following judgments of 2 September 1997 against Italy: Fusco (25836/94), Di Luca and Saluzzi (25837/94), Pizzi (25840/94), Scarfò (25841/94), Argento (25842/94) and Trombetta (25843/94)]
Basic distinction in law of many member States of the Council of Europe between civil servants and employees governed by private law – Court has accordingly held that disputes relating to recruitment, careers and termination of service of civil servants are as a general rule outside scope of Article 6 § 1.
Applicants sought recognition of existence of permanent contract of employment (Fusco) or judicial review of one or more decisions of administrative authorities assigning them to a particular staff category (remaining cases) – they thus raised disputes related to their recruitment and careers which did not concern a “civil” right within meaning of Article 6 § 1 – payment of difference in salary directly dependent on prior finding that administrative authorities had acted unlawfully (Trombetta).
Conclusion: Article 6 § 1 not applicable (eight votes to one).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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