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19 CASES AGAINST ITALY (SEE APPENDIX) RELATING TO THE EXCESSIVE LENGTH OF PROCEEDINGS CONCERNING CIVIL RIGHTS AND OBLIGATIONS BEFORE THE BENEVENTO LABOUR COURT

Doc ref: 43033/98, 43024/98, 43035/98, 43031/98, 43043/98, 43037/98, 43025/98, 43028/98, 43039/98, 43032/98, ... • ECHR ID: 001-56329

Document date: October 21, 2002

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19 CASES AGAINST ITALY (SEE APPENDIX) RELATING TO THE EXCESSIVE LENGTH OF PROCEEDINGS CONCERNING CIVIL RIGHTS AND OBLIGATIONS BEFORE THE BENEVENTO LABOUR COURT

Doc ref: 43033/98, 43024/98, 43035/98, 43031/98, 43043/98, 43037/98, 43025/98, 43028/98, 43039/98, 43032/98, ... • ECHR ID: 001-56329

Document date: October 21, 2002

Cited paragraphs only

Resolution ResDH (2002)130

concerning the judgments of the European Court of Human Rights

of 22 June 2000

in 19 cases against Italy (see Appendix) relating to the excessive length of proceedings concerning civil rights and obligations before the Benevento labour court

(Adopted by the Committee of Ministers on 21 October 2002

at the 810th meeting of the Ministers’ Deputies)

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 judgments of the European Court of Human Rights in the 19 cases listed in the Appendix to this Resolution, which were delivered on 22 June 2000 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that these cases originated in applications (see Appendix) against Italy, lodged with the European Commission of Human Rights between 3 November 1997 and 16 April 1998 under former Article 25 of the Convention by 19 Italian nationals, and that the Court, seized of the cases under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints related to the excessive length of certain proceedings concerning civil rights and obligations before the Benevento labour court;

Whereas in its judgments of 22 June 2000 concerning these cases the Court, after having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike these cases out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;

Whereas under the above-mentioned friendly settlements it was agreed that the Italian Government would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;

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 22 September 2000, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicants the sums provided for in the friendly settlement and that no other measure was required in the present cases to conform to the Court’s judgment;

Recalling that, as regards the applicants’ complaints 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 decisions of the Committee of Ministers under former Article 32 of the Convention finding violations 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 an end to the serious problem of excessive length of proceedings, so as to prevent new violations similar to those already found in the above-mentioned cases (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 the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases.

Appendix to Resolution ResDH (2002)130

Details of just satisfaction awarded to the applicants

Case

Non-pecuniary damage

Costs and expenses

Total

BIANCO Elena

43033/98

11 000 000 LI

3 000 000 LI

14 000 000 LI

CARDO Antonia

43024/98

11 000 000 LI

3 000 000 LI

14 000 000 LI

CIARAMELLA Antonietta

43035/98

13 000 000 LI

3 000 000 LI

16 000 000 LI

D’ADDONA Antonio

43031/98

13 000 000 LI

3 000 000 LI

16 000 000 LI

D’ANGELO Bianchina

43043/98

13 000 000 LI

3 000 000 LI

16 000 000 LI

FEBBRARO Giuseppina

43037/98

11 000 000 LI

3 000 000 LI

14 000 000 LI

FIORE Angiolina

43025/98

13 000 000 LI

3 000 000 LI

16 000 000 LI

LIGNELLI Alfonso

43028/98

13 000 000 LI

3 000 000 LI

16 000 000 LI

LOMBARDI Francesco

43039/98

13 000 000 LI

3 000 000 LI

16 000 000 LI

MARINIELLO Giovanna

43038/98

15 000 000 LI

3 000 000 LI

18 000 000 LI

PALMIERI Alfonsina

43029/98

15 000 000 LI

3 000 000 LI

18 000 000 LI

PARADISO Grazia Pasqualina

43032/98

15 000 000 LI

3 000 000 LI

18 000 000 LI

PARRELLA Giulia

43034/98

11 000 000 LI

3 000 000 LI

14 000 000 LI

RACCIO Giuseppe

43042/98

11 000 000 LI

3 000 000 LI

14 000 000 LI

RANALDO Vincenzo

43040/98

13 000 000 LI

3 000 000 LI

16 000 000 LI

RICCI Maria Pasquala

43027/98

15 000 000 LI

3 000 000 LI

18 000 000 LI

SANTORO Maria Carmina

43036/98

15 000 000 LI

3 000 000 LI

18 000 000 LI

TEDESCO Antonio Antimo Luigi

43026/98

15 000 000 LI

3 000 000 LI

18 000 000 LI

VISCUSI Angelina

43041/98

11 000 000 LI

3 000 000 LI

14 000 000 LI

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