Final resolution DH (99) 117

HUMAN RIGHTS

APPLICATION No. 21599/93

J.M. C.S. AGAINST PORTUGAL

(Adopted by the Committee of Ministers on 19 February 1999 at the 659th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (96) 118, adopted on 22 March 1996 in the case of  J.M. C.S. against Portugal, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 8 March 1996;

Whereas, at the 564th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 15 May 1996, in accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 500 000 escudos in respect of non-pecuniary damage and 200 000 escudos  in respect of costs and expenses, namely a total sum of 700 000 escudos, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting (17 September 1997) on the general principles regarding the payment of default interest) at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 22 March 1996 and 15 May 1996, having regard to Portugal’s obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas, during the examination of the case by the Committee of Ministers, the Government of the respondent State accordingly gave the Committee information about the measures taken in consequence of the Committee's decisions; this information appears in the appendix to this resolution;

Whereas the Committee of Ministers satisfied itself that on 15 July 1996, within the time-limit set, the Government of the respondent State had paid the applicant the total sum of 700 000 escudos as just satisfaction,

Declares, after having taken note of the measures taken by the Government of Portugal, that it has exercised its functions under Article 32 of the Convention in this case.

Appendix to Resolution DH (99) 117

Information provided by the Government of Portugal during the examination of the J.M. C.S. case by the Committee of Ministers

In order to increase the effectiveness of the administrative justice in Portugal, Act No. 49/96 of 4 September 1996 authorised the government to establish and determine the organisational arrangements for, and the competence of, a new higher administrative and fiscal tribunal, known as the Central Administrative Court.

The main aims of this reform were to expand the powers of the Supreme Administrative Court so as to standardise case law, and to speed up proceedings through procedural reforms aimed at establishing two instances of appeal and the possibility of per saltum appeals against the decisions of the administrative and fiscal courts deemed to be most important in qualitative terms, as well as through re-organisation and increasing the ressources allocated to the administrative courts.

Legislative decree No. 229/96 of 29 November 1996 on the reform of Portugal’s administrative courts established an intermediate level of jurisdiction between the district administrative courts and the Supreme Administrative Court, designed to take over a significant proportion of the latter’s existing powers with a view to relieving its ever-increasing workload.  The only actually new part of the new court is the Administrative Proceedings Section, as the Financial Proceedings Section (competent for fiscal cases) is the result of transformating the former second-instance Financial Proceedings Court.

The establishment of this new judicial body was accompanied by a number of changes to administrative and fiscal procedures designed to improve and accelerate proceedings.

In order further to strengthen the resources for administrative proceedings, Ministerial Order No. 398/97 of 18 June 1997 established the following courts and chambers: Central Administrative Court, Receivership and Bankruptcy Court in Lisbon and Vila Nova de Gaia, 3rd Chamber of the Court in Fafe, Felguiras, Maia and Montijo, and 4th Chamber in Maia.  These various courts began operating on 15 September 1997.

Under Ministerial Order No. 1228/97 of 15 December 1997, the 3rd sub-section of the Administrative Proceedings Section of the Supreme Administrative Court was set up with effect from 1 January 1998.

The Government of Portugal believes that the above measures will prevent the repetition of violations of the kind found in the present case.