THIRTEEN CASES AGAINST THE SLOVAK REPUBLIC CONCERNING THE EXCESSIVE LENGTH OF CIVIL PROCEEDINGS AND THE RIGHT TO AN EFFECTIVE REMEDY
Doc ref: 1395/02, 38144/02, 3661/04, 57237/00, 68561/01, 58707/00, 73233/01, 67026/01, 77708/01, 77706/01, 69... • ECHR ID: 001-80827
Document date: April 20, 2007
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- Cited paragraphs: 7
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Resolution CM /ResDH(2007)67 [1]
Execution of the judgments of the European Court of Human Rights
in 13 cases against the Slovak Republic (see Appendix) concerning the excessive length of civil proceedings and the right to an effective remedy
(see details of cases in Appendix)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection 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 referred to as “the Convention” and “the Court”),
Having regard to the judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court in these cases concern the excessive length of certain civil proceedings (violations of Article 6, paragraph 1) and, in addition in the case of Å ima, the lack of an effective remedy to enforce the right to a trial within a reasonable time (violation of Article 13);
Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with the Slovak Republic ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;
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 plicants the just satisfaction provided in the judgments (see details in Appendix),
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 erase their consequences so as to achieve as far as possible restitutio in integrum ; and
- general measures preventing, similar violations;
Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix,
DECLARES that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and DECIDES to close the examination of these cases.
Appendix to Resolution CM /ResDH(2007)67
Information about the measures taken to comply with the judgments in 13 cases against the Slovak Republic (see table) relating to the to the excessive length of civil proceedings and the right to an effective remedy
Introductory case summary
These cases concern the excessive length of certain civil proceedings (violations of Article 6, paragraph 1). The Å ima case also relates to the lack of an effective remedy to expedite the proceedings or provide the applicant with adequate redress for delays incurred (violation of Article 13).
I. P ayments of just satisfaction and individual measures
a) Details of just satisfaction
Case and application No.
Date of the judgment
P ecuniary damage
Non-pecuniary damage
Costs and expenses
Total
P aid on
Bernát Leopold
1395/02
31/01/2006
-
2 700 euros*
-
2 700 euros*
09/06/2006
Cibulková Dagmar
38144/02
11/10/2005
-
3 000 euros*
Loading citations...50 euros*
3 050 euros*
14/03/2006
Gábriška Stanislav
3661/04
13/12/2005
-
3 800 euros*
1 200 euros*
5 000 euros*
18/05/2006
Hefková Marcela
57237/00
31/05/2005
-
3 500 euros*
50 euros*
3 550 euros*
14/11/2005
Mikolaj Rudolf and Mikolajová Anna
68561/01
29/11/2005
-
2 400 euros*
10 euros*
2 410 euros*
04/04/2006
P oláčik P eter
58707/00
15/11/2005
-
2 400 euros*
-
2 400 euros*
04/04/2006
Šebeková Katarína and Horvatovičová Edita
73233/01
14/02/2006
-
5 600 euros*
-
5 600 euros*
28/06/2006
Å ima Jozef
67026/01
07/02/2006
-
2 000 euros*
250 euros*
2 250 euros*
02/06/2006
Šimková Adriana 77708/01
27/09/2005
-
4 000 euros*
500 euros*
4 500 euros*
14/03/2006
Šimková Soňa
77706/01
27/09/2005
-
5 400 euros*
600 euros*
6 000 euros*
14/03/2006
Široký Jiří
69955/01
18/10/2005
-
9 000 euros*
700 euros*
9 700 euros*
14/03/2006
Vanek Richard
53363/99
29/11/2005
-
4 700 euros*
700 euros*
5 400 euros*
25/04/2006
Zuzčák Jozef
and Zuzčáková Františka
48814/99
13/07/2004
-
3 200 euros*
-
3 200 euros [*]
31/01/2005 applicants waived interest in view of small amount
b) Individual measures
In all these cases, except from the cases of Gábriška and Vanek , the proceedings at issue, the European Court ' s judgments have ended. As regards the two cases mentioned above, the competent domestic courts have given priority to the proceedings, still pending, to accelerate them, taking account of the violations found by the European Court .
II. General measures
The government recalled that measures had already been taken to avoid new violations of the same kind as those found in these cases, these measures being in particular presented in Resolution ResDH(2005)67 (in particular amendment of 2001 to the Constitution which provides a constitutional petition for complaints of violations of human rights protected by international treaties; adoption of Act No. 501/2001 which reduces the number of cases in which second-instance courts are competent at first instance and aims to accelerate the gathering of evidence; adoption of Act No. 385/2000 which regulates the civil and disciplinary liability of judges for unjustified delays in their cases).
III. Conclusions of the respondent state
The government considers that the individual measures adopted have remedied the consequences for the applicants of the violations of the Convention found by the European Court in these cases, that the general measures taken will assist in preventing new similar violations and that the Slovak Republic has thus complied with its obligations under Article 46 paragraph 1 of the Convention.
[1] Adopted by the Committee of Ministers on 20 April 2007 at the 992nd meeting of the Ministers’ Deputies
[*] To be converted into the national currency at the rate applicable on the date of settlement.