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CASE OF GAZSÓ AGAINST HUNGARY AND 17 OTHER CASES

Doc ref: 48322/12, 25065/09, 33795/08, 25411/10, 5766/05, 19478/03, 36630/11, 7952/12, 29143/09, 236/12, 6067... • ECHR ID: 001-181968

Document date: March 15, 2018

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CASE OF GAZSÓ AGAINST HUNGARY AND 17 OTHER CASES

Doc ref: 48322/12, 25065/09, 33795/08, 25411/10, 5766/05, 19478/03, 36630/11, 7952/12, 29143/09, 236/12, 6067... • ECHR ID: 001-181968

Document date: March 15, 2018

Cited paragraphs only

Interim Resolution CM/ ResDH (2018)106 Execution of the judgments of the European Court of Human Rights Gazsó group v. Hungary

(Adopted by the Committee of Ministers on 15 March 2018 at the 1310 th meeting of the Ministers’ Deputies)

Application

Case

Judgment of

Final on

48322/12

GAZSÓ

16/07/2015

16/10/2015

25065/09

DÖMÖTÖR

22/10/2013

33795/08

MAGYAR CEMENT KFT

28/05/2013

25411/10

NÉMETH

17/02/2015

5766/05

SCHWARTZ AND OTHERS

03/11/2009

01/12/2009

19478/03

TARDI AND OTHERS

23/10/2007

23/01/2008

36630/11

BALOGH

09/02/2016

7952/12+

JENEI AND OTHERS

20/10/2016

29143/09

KARACS

15/12/2015

236/12

KÉZDISZENTKERESZTI BÍRÓ

18/10/2016

60670/11+

KHARON KFT AND FREHA

20/10/2016

31956/13

LAKICS

18/07/2017

6018/12+

MÁTHÉ AND SZABÓ

20/10/2016

76928/11

MÁTYUS

04/10/2016

20264/12

RÁCZ

18/10/2016

2240/12+

SZEBELLÉDI AND OTHERS AND 2 OTHER APPLICATIONS

20/10/2016

43355/11

TEMESFŐI AND OTHERS

18/10/2016

42329/09

VARGA

22/03/2016

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 considerable number of judgments of the Court finding violations of Article 6, paragraph 1, and in some of these judgments also violations of Article 13 of the Convention, due to the excessive length of civil and criminal proceedings and the lack of an effective remedy in this respect in Hungary;

Recalling that the first case of this kind became final in 2003 and the problem has thus persisted for over 14 years, and that in view of the scale of the problem the Court delivered a pilot judgment in the case of Gazsó which set 16 October 2016 as deadline for the introduction of “an effective domestic remedy or combination of such remedies”;

Recalling that excessive delays in the administration of justice constitute a serious danger for the respect of the rule of law, resulting in a denial of rights enshrined in the Convention;

Reiterating the additional undue burden on the Court due to the high number of similar cases pending (approximately 1,000) and the new similar applications that are being lodged with the Court, and the serious threat to the effectiveness of the Convention system arising from the failure to abide by the obligations deriving from a pilot judgment;

Expressing grave concern that, despite the Committee’s repeated calls, and contrary to the authorities’ own previous indications, almost one and a half years after the expiry of the deadline set by the Court no tangible progress has been achieved as regards the introduction of an effective domestic remedy or combination of such remedies addressing the issue of excessively lengthy court proceedings;

Noting that the Hungarian authorities have informed the Committee of their intention to introduce a compensatory remedy for excessively lengthy court proceedings by 31 October 2018 and recalling that by then the deadline set by the Court will have expired more than two years previously;

CALLED UPON the Hungarian authorities to redouble their efforts to ensure that the legislative process envisaged for the introduction of a compensatory remedy for excessively lengthy court proceedings is completed in line with the new timetable presented, i.e. by 31 October 2018;

INVITED the authorities to submit the details of their new timetable by 30 April 2018, at the latest, and to keep the Committee of Ministers informed, on a monthly basis, about all relevant developments in the legislative process so as to allow for continuous monitoring of the progress achieved and the steps taken to respect the new timetable;

DECIDED to resume examination of this item, in the light of the information received from the authorities, at one of its next Human Rights meetings and at the latest, at its 1331st meeting (December 2018) (DH).

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