Resolution CM/ ResDH (2012)12 [1]

Execution of the judgment of the European Court of Human Rights

Lesjak against Croatia

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”) [2] ,

Having regard to the judgment transmitted by the Court to the Committee once it became final;

Case name (App. No.)

Judgment of

Final on

Lesjak (25904/06)

18/02/2010

18/05/2010

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of individual measures to put an end to the violations and as far as possible to remedy their consequences for the applicant and general measures to prevent new, similar violations;

Having invited the authorities of the respondent state to provide an action plan concerning the measures proposed to execute the judgment;

Having, in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention, examined the action report provided by the government (see action report, document DH ‑ DD(2011)322 );

Having noted that the respondent state paid the a p plicant the just satisfaction, as provided in the judgment;

DECLARES, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close its examination thereof.

ACTION REPORT

on individual and general measures undertaken in the execution of ECtHR judgment in

the case of Lesjak v. Croatia , application no. 25904/06,

judgment of February 18 2010, final on May 18 2010

In its judgment of February 18 2010, the ECtHR found a violation of Article 6 § 1 of the Convention, due to the fact that both civil and administrative courts refused to examine the merits of the applicants ' case. The Court ruled that, since neither the civil nor the Administrative court ruled on the lawfulness of the termination of his employment, the essence of applicant ' s right of access to court was denied.

1. INDIVIDUAL MEASURES

On February 22 2011, the Municipal court in Varaždin granted the applicant ' s request for reopening of proceedings based on the ECtHR judgment. The hearing was continued on the same day, and resumed on March 29 2011, when parties to the proceedings requested leave in order to try to achieve a settlement. The next hearing is scheduled for April 29, 2011.

Reopening of proceedings, as stated in § 54 of the judgment, presents the most appropriate redress for the breach of Article 6 § 1 of the Convention. Since the Government has fulfilled this duty, no other individual measures seem necessary.

GENERAL MEASURES

The judgment bas been widely disseminated, both to the highest courts in Croatia - the Constitutional Court, the Supreme Court and the Administrative Court, as well as to the County and the Municipal Courts in Varaždin , which conducted the initial proceedings on the applicants claim.

Additionally, the translation of the judgment has been published on the web page of the Ministry of justice ( http://www.mprh.hr/Defa u lt.aspx?sec=446).

JUST SATISFACTION

As the Government has informed the Committee of Ministers in its letter of August 27 2010, just satisfaction awarded to the applicant has been paid in full on July 8 2010.

Considering the fast that the violation found by ECtHR in this case presents an isolated incident, where domestic courts failed to properly apply provisions of domestic laws, the Government deems that no other individual or general measures are necessary.

Therefore, the Government of Croatia proposes the closure of the execution proceedings and the adoption of a final resolution (Article 46 paragraph 2 of the Convention in relation to Rule 17 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements).

Å tefica Sta ž nik

Government Agent

[1] Adopted by the Committee of Ministers on 8 March 2012 at the 11 36 th Meeting of the Ministers’ Deputies .

[2] See also the Recommendations adopted by the Committee of Ministers in the context of the supervision of judgments of the European Court of Human Rights and in particular Recommendation Rec (2004)6 of the Committee of Ministers to member states on the improvement of domestic remedies.