resolution DH (99) 553

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 2 SEPTEMBER 1998 IN THE CASE OF KADUBEC AGAINST THE SLOVAK REPUBLIC

(Adopted by the Committee of Ministers on 8 October 1999 at the 680th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Kadubec case delivered on 2 September 1998 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 27061/95 ) against the Slovak Republic, lodged with the European Commission of Human Rights on 14 October 1994 under Article 25 of the Co n vention by Mr Jaroslav Kadubec , a Slovak national, and that the Commission declared admissible the complaints that the applicant could not have his case examined by an independent and impartial tribunal following the imposition of a fine by the administrative authorities, that he could not defend himself through legal assistance, and that he had had no access to an effective remedy before national authorities in respect of his claims;

Recalling that the case was brought before the Court by the applicant on 15 January 1998 under Protocol No. 9 and by the Commission on 26 January 1998;

Whereas in its judgment of 2 September 1998 the Court unanimously:

- held that Article 6, paragraph 1, of the Convention was applicable in the present cases and had been violated ;

- held that it was not necessary also to examine the case under Articles 6, paragraph 3 .c and 13 of the Convention;

- held that the Government of the respondent State was to pay the applicant, within three months 5 000 Slovak crowns in respect of non-pecuniary damage and 395 Slovak crowns in respect of costs and expenses and that simple interest at an annual rate of 17.6 % would be payable on those sums from the expiry of the above-mentioned three months until settlement;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Art i cle 54 of the Convention;

Having invited the Government of the respondent State to inform it of the mea s ures which had been taken in consequence of the judgment of 2 September 1998, having regard to the Slovak Republic’s obligation under Article 53 of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment (this information appears in the appendix to this resolution);

Having satisfied itself that on 1 December 1998, within the time-limit set, the Government of the respondent State paid the a p plicant the sums provided for in the judgment of 2 September 1998,

Declares, after having taken note of the information supplied by the Government of the Slovak Republic, that it has exe r cised its functions under Article 54 of the Convention in this case.

Appendix to Resolution DH (99) 553

Information provided by the Government of the Slovak Republic during the examination of the Kadubec case

by the Committee of Ministers

The violation of the Convention found in this case was due to a provision contained in Section 83, part 1, of the 1990 Minor Offences Act (No. 372) which prevented the courts from reviewing administrative decisions in cases where a fine of less than 2 000 Slovak crowns had been imposed.  In a judgment published on 23 October 1998, the Slovak Constitutional Court granted a direct effect to the judgments of the European Court of Human Rights of 2 September 1998 in the cases of Lauko and Kadubec and declared this provision contrary to Article 6, paragraph 1, of the Convention and to the Constitution of the Slovak Republic.

On 23 April 1999, six months after the publication of the Constitutional Court's decision, this provision became null and void ex lege (Article 132 of the Slovak Constitution).  As a result, all administrative decisions concerning minor offences may now be subject to a judicial review whatever the amount of the fine imposed.

The Lauko judgment (in Slovak translation) and the concluding part of the above-mentioned judgment of the Constitutional Court were published together in Justičnà revue (Nos. 8-9/1999), a journal which is widely distributed in legal circles.

The government considers that the measures adopted by the Slovak authorities prevent any risk of further violations similar to that found in this case and that, consequently, the Slovak Republic has complied with its obligations under Article 53 of the Convention in this case.