Resolution CM/ ResDH (2019)238 Execution of the judgments of the European Court of Human Rights

Nine cases against Italy

(Adopted by the Committee of Ministers on 25 September 2019 at the 1355 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

13431/07

FRANCESCO QUATTRONE

26/11/2013

14/04/2014

14055/04

MERCURI

22/10/2013

22/10/2013

17760/03

ZUCCHINALI

21/10/2014

21/10/2014

19875/03

DELFA MONTAGGI INDUSTRIALI S.R.L.

19/10/2010

19/01/2011

21925/15

AJMONE MARSAN AND OTHERS

10/01/2019

10/01/2019

23704/03

PASCARELLA

20/09/2011

20/09/2011

29430/03

VICARIO

30/11/2010

28/02/2011

32143/10

DI SANTE

27/04/2017

27/07/2017

7603/03

DI MATTEO

21/12/2010

21/03/2011

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations of Article 6, paragraph 1 and/or Article 1 of Protocol No. 1 established due to several shortcomings of a compensatory remedy (“Pinto” remedy) available since 2001 to victims of excessively long judicial proceedings;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having considered that the question of individual measures was resolved in these cases, since the just satisfaction, where awarded, has been paid by the government, which has also brought the proceedings which were still ongoing when the judgments of the European Court became final to the attention of the domestic courts with a view to their expedition;

Recalling that the remaining questions with regard to the functioning of the “Pinto” remedy, namely the 2012 reform which excluded proceedings lasting six years or less or set a cap on the compensation awarded in certain situations, the ineffectiveness of the remedy in relation to administrative proceedings and its inapplicability to delays in preliminary investigations, continue to be examined in the cases of the Olivieri and Others group which remain under the Committee’s supervision;

Underlining that the closure of the cases listed above in no way prejudges the Committee’s evaluation of the general measures in relation to the functioning of the “Pinto” remedy,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.