Resolution CM/ ResDH (2011)25 [1]

Execution of the judgment of the European Court of Human Rights

Glod against Romania

(Application No. 41134/98, judgment of 16 September 2003, final on 16 December 2003)

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 violation of the Convention found by the Court in this case concerns the domestic courts ’ refusal to review the lawfulness of an administrative decision dealing with the restitution of a plot of land, due to a legal provision in force at the relevant time that limited the competence of the courts to deal with this kind of cases (violation of article 6, paragraph 1) (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 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) and considering the decision taken at the 891 st meeting of the Ministers ’ Deputies (20 July 2004), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2011)25

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

Glod against Romania

Introductory case summary

The case concerns the domestic courts ’ refusal to review the lawfulness of an administrative decision dealing with the restitution of a plot of land, due to a legal provision in force at the relevant time (1995) that limited the competence of the courts to deal with this kind of cases (violation of Article 6§1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary and non-pecuniary damage

Costs and expenses

Total

Date of payment

4 000 EUR

-

4 000 EUR

19/03/2004 (in conditions that seem to be accepted by the applicant)

b) Individual measures

Article 322 § 9 of the Romanian Code of Civil Procedure provides the possibility of reopening civil proceedings in cases in which the European Court has found a violation of the Convention. In addition, the European Court awarded the applicant just satisfaction in respect of pecuniary and non-pecuniary damage. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The legal provision that limited the jurisdiction of the courts called upon to review the lawfulness of administrative decisions concerning the restitution of land was repealed in 1997. The judgment of the European Court was published in the Official Journal of 30 November 2004. It was also included in a collection of judgments rendered against Romania between 1998 and 2004, two thousand copies of which have been distributed free of charge, in particular to courts, with a view to ensuring the dissemination of the Court ’ s case-law.

III. Conclusions of the respondent state

The government considers that no individual measure is required in this case, apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Romania has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 10 March 2011 at the 1108th Meeting of the Ministers’ Deputies