Resolution CM/ ResDH (2011)47 [1]

Execution of the judgment of the European Court of Human Rights

Buj against Croatia

(Application No. 24661/02, judgment of 01/06/2006, final on 01/09/2006)

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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violations of the Convention found by the Court in this case concern the excessive length of land registry proceedings and lack of effective remedy in this respect (violations of Articles 6, paragraphs 1 and 13) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

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

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to clos e the examination of this case.

Appendix to Resolution CM/ ResDH (2011)47

Information about the measures to comply with the judgment in the case of

Buj against Croatia

Introductory case summary

This case relates to the excessive length of civil proceedings concerning the registration of the applicant ’ s title in the land registry (violation of Article 6, paragraph 1). Proceedings began in May 2002 and were still pending when the Court delivered its judgment. The case also concerns the lack of an effective remedy against the excessive length of land registry proceedings (violation of Article 13).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

2400 EUR

-

2400 EUR

Paid on 09/10/2006

b) Individual measures

The proceedings were concluded by the decision of the Stari Grad Municipal Court, which recorded the applicant ’ s title in the land register on 27/06/2006. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

In order to prevent similar violations, the Croatian authorities took a number of different measures.

1) Reform of land registry proceedings : In order to reduce excessive length of land registry proceedings, the Croatian authorities implemented a reform of the land registration system. This reform aimed at: ( i ) decreasing the number of pending land registry cases, (ii) shortening overall duration of proceedings in land registry cases in accordance with the “reasonable time” requirement and (iii) transferring all registry data on mortgage and ownership rights into electronic form.

As far as the reduction of the number of pending land registry cases is concerned , the number of these cases has been continuously decreasing. In this regard, it should be noted that in the first quarter of 2007 there were 146 085 unsolved land registry cases in Croatia , which makes 47 970 less cases than at the relevant time in 2006. This number decreased to 109 379 unresolved cases in September 2008.

As far as the reduction of the length of land registry proceedings is concerned, in 2007 and 2008 the overall length of mortgage registration proceedings was 7 days. As regards the proceedings for title registration, their overall duration was 63 days in 2007 and 78 days in 2008.

As far as the transfer of registry data is concerned, in May 2007, 99,17% of the data had been transferred to electronic form. It should be also noted that all application forms for initiation of registry proceedings are available in electronic form on the Internet.

2) Effective remedy against length of proceedings : When the Court rendered its judgment the constitutional complaint against the excessive length of judicial proceedings introduced in 2002 was not applicable to land registry proceedings. However, this case-law has been changed subsequently. It is now possible to bring a complaint against the excessive length of land registry proceedings before the Constitutional Court .

3) Publication and dissemination : The Court ’ s judgment has been translated into Croatian and sent out to the Supreme Court and other courts dealing with the case. The translation is also available at the internet site of the Ministry of Justice ( www.mprh.hr ) and is published in a periodical publication on case-law of the Court.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that Croatia have thus complied with their obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 8 June 2011 at the 1115th Meeting of the Ministers’ Deputies