Resolution ResDH (2002)77 concerning the judgment of the European Court of Human Rights of 1 February 2001, final on 1 May 2001 in the case of Fernandes Cascão against Portugal

(Adopted by the Committee of Ministers on 24 June 2002 at the 798th 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 judgment of the European Court of Human Rights in the Fernandes Cascão case delivered on 1 February 2001 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 37845/97) against Portugal, lodged with the European Commission of Human Rights on 1 July 1997 under former Article 25 of the Convention by Mr Manuel Augusto Fernandes Cascão , a Portuguese national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain proceedings concerning civil rights and obligations before the labour courts;

Whereas in its judgment of 1 February 2001 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that no sums should be payable in respect of any just satisfaction;

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

Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 1 February 2001, having regard to Portugal’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Court’s judgment had been sent out to the authorities directly concerned and that the question of the length of judicial proceedings was being examined in order to verify that such proceedings can be concluded within a reasonable time,

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