Resolution ResDH (2002)54 concerning the judgment of the European Court of Hu man Rights of 19 April 2001 in the case of M.P. and others against Italy

(Adopted by the Committee of Ministers on 30 April 2002 at the 792nd 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 judgment of the European Court of Human Rights in the case of M.P. and others case delivered on 19 April 2001 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention; Recalling that the case originated in an application (No. 32664/96) against Italy, lodged with the European Commission of Human Rights on 24 July 1996 under former Article 25 of the Convention by three Italian nationals, Mr M.P., Mrs M.P. and Mr M.P. and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the applicants’ complaints under Article 1, Protocol No. 1 to the Convention and Article 6, paragraph 1, of the Convention, concerning their prolonged inability to recover possession of their apartments, through lack of police assistance in enforcing judicial eviction orders against the tenants; Whereas in its judgment of 19 April 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, 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 applicants, immediately upon notification of the judgment, the total sum of 65 000 000 Italian lire; Recalling that Rule 44, paragraph 2, of the Rules of 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 June 2001 the government of the respondent state had paid the applicants the sums provided for in the friendly settlement;

Recalling that, as regards the applicants’ complaints declared admissible in this case, the Committee of Ministers is at present supervising the execution of certain judgments of the Court (including in particular the judgment in the case of Immobiliare Saffi against Italy of 28 July 1999) and decisions of Committee of Ministers under former Article 32 of the Convention, finding a violation of Article 1, of Protocol No. 1 to the Convention on account of the prolonged lack of enforcement of judicial orders for eviction of tenants ; Whereas, in this connection, the Italian authorities informed the Committee of Ministers that they were envisaging new general measures (notably in addition to the adoption, in December 1998, of the law No. 431/98 “Regulations concerning the renting and the repossession of housing”, which sets – inter alia – the conditions, modalities and deadlines for the implementation of eviction proceedings) in order to put to an end the serious problem of non-enforcement of judicial eviction orders, so as to prevent new violations similar to those already found in the above-mentioned cases, 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 the friendly settlement reached in this case.