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CASE OF VILHO ESKELINEN AND OTHERS AGAINST FINLAND AND 6 OTHER CASES

Doc ref: 63235/00;16207/05;26654/08;26890/95;47628/06;63744/10;931/13 • ECHR ID: 001-186801

Document date: September 20, 2018

  • Inbound citations: 381
  • Cited paragraphs: 5
  • Outbound citations: 0

CASE OF VILHO ESKELINEN AND OTHERS AGAINST FINLAND AND 6 OTHER CASES

Doc ref: 63235/00;16207/05;26654/08;26890/95;47628/06;63744/10;931/13 • ECHR ID: 001-186801

Document date: September 20, 2018

Cited paragraphs only

Resolution CM/ ResDH (2018)325 Execution of the judgments of the European Court of Human Rights Seven cases against Finland

(Adopted by the Committee of Ministers on 20 September 2018 at the 1324 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

63235/00

VILHO ESKELINEN AND OTHERS

19/04/2007

Grand Chamber

16207/05

RAITA

16/02/2010

16/05/2010

26654/08

HUOLTOASEMA MATTI EURÉN OY AND OTHERS

19/01/2010

19/04/2010

26890/95

KUKKOLA

15/11/2005

15/02/2006

47628/06

KUKKONEN (No. 2)

13/01/2009

13/04/2009

63744/10

VARJONEN

22/04/2014

22/04/2014

931/13

SATAKUNNAN MARKKINAPÖRSSI OY AND SATAMEDIA OY

21/06/2017

Grand Chamber

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 established;

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 examined the information provided by the government indicating the measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see Appendix) ;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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

DECIDES to close the examination thereof.

Appendix

Information about the measures taken to comply with the judgments

in the Vilho Eskelinen group of cases against Finland

Introductory case summary

These cases concern the excessive length of administrative proceedings (violations of Article 6, paragraph 1) and the lack of effective remedy in this respect (violations of Article 13).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Paid on

Vilho Eskelinen and Others

63235/00

20,000 EUR

9,622.11 EUR

29,622.11 EUR

10/07/2007

Raita

16207/05

2,500 EUR

2,500 EUR

26/07/2013

Huoltoasema Matti Euren Oy and Others

26654/08

2,500 EUR

2,500 EUR

15/07/2010

Kukkola

26890/95

5,000 EUR

8,000 EUR

13,000 EUR

15/05/2006

Kukkonen

47628/06

3,500 EUR

640 EUR

4,140 EUR

09/07/2009

Varjonen

63744/10

4,000 EUR

2,500 EUR

6,500 EUR

14/05/2014

Satakunnan Markkinapörssi Oy and Satamedia Oy

931/13

9,500 EUR

9,500 EUR

18/08/2017

b) Individual measures

The domestic proceedings in these cases are closed. No other individual measure is therefore necessary in these cases.

II. General measures

- Article 6, paragraph 1

An overview of the general measures adopted in relation to excessive length of proceedings has been presented in the action report attached to Final Resolution CM/ ResDH (2012)75, adopted by the Committee of Ministers on 6 June 2012 in 35 cases against Finland ( Kangasluoma group, concerning the excessive length of civil and criminal proceedings).

Furthermore, the Administrative Judicial Procedure Act (586/1996) has been amended. In particular, a provision was added stating that an authority processing an appeal shall give a party an estimate on the processing time at the request of the said party. The amendment entered into force on 1 June 2013.

- Article 13

The Act on Compensation for Excessive Duration of Judicial Proceedings (362/2009) entered into force on 1 January 2010. According to the Act, applicants are entitled to obtain reasonable compensation from the State budget in case of excessive length of proceedings attributable to the authorities. The assessment of the length of proceedings and the amount of compensation should correspond to the European Court ’ s practice. The content of the above-mentioned Act as well as the relevant domestic judicial practice are described in more detail in the above-mentioned action report concerning the Kangasluoma group.

The Act was amended in 2013 to apply also to administrative courts and courts of special jurisdiction. The Administrative Judicial Procedure Act was amended at the same time. If proceedings in an administrative matter are delayed, a party has the right to obtain reasonable compensation from the State budget. The provisions concerning courts apply also to administrative boards processing appeals.

In addition to the aforementioned, a party has, at present, several remedies available in case of excessive length of administrative proceedings. A party may complain about the excessive length of the proceedings before a lower authority to a higher authority or to the supreme legal guardians, the Parliamentary Ombudsman or the Chancellor of Justice.

Moreover, according to the Administrative Judicial Procedure Act (586/1996), the excessive length of the proceedings can be taken into account when ordering an administrative sanction.

A party can also request compensation for damages on the account of excessive length of proceedings in accordance with the Tort Liability Act (412/1974).

III. Conclusions of the respondent State

The government considers that no further individual measures are required, that the general measures adopted will prevent similar violations and that Finland has thus complied with its obligations under Article 46, paragraph 1, of the Convention in these cases.

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