Resolution ResDH (2002)157 concerning the judgment of the European Court of Human Rights (Friendly settlement) of 5 October 2000 in the case of Caruso Alfredo against Italy

(Adopted by the Committee of Ministers on 17 December 2002 at the 819th meeting of the Ministers’ Deputi es)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Alfredo Caruso case delivered on 5 October 2000 and transmitted to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 46535/99) against Italy, lodged with the European Commission of Human Rights on 17 November 1997 under former Article 25 of the Convention by Mr Alfredo Caruso, an Italian national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint related to the excessive length of certain proceedings concerning civil rights and obligations before the labour court;

Whereas in its judgment of 5 October 2000 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Italy would pay the applicant the sum of 26 000 000 Italian lire, i.e. 21 000 000 Italian lire in respect of non-pecuniary damage and 5 000 000 Italian lire in respect of costs and expenses, within three months as from the notification of the judgment;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 5 January 2001, within the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sums provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court’s judgment;

Recalling that, as regards the applicant’s complaint declared admissible in these cases, the Committee of Ministers is at present supervising the execution of several judgments of the Court and of a considerable number of Committee of Ministers' decisions under former Article 32 of the Convention, finding a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of proceedings before the Italian labour courts;

Whereas, in this connection, the Italian authorities informed the Committee of Ministers that they were drafting and adopting new general measures in order to put to an end to the serious problem of excessive length of proceedings, so as to prevent new violations similar to those already found in the present case (see Resolutions DH(97)336, DH(99)437 and DH(2000)135),

Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case.