resolution DH (99) 32

HUMAN RIGHTS

APPLICATION No. 28948/95

DE FEO AGAINST ITALY

(Adopted by the Committee of Ministers on 18 January 1999 at the 654th meeting of the Ministers’ Deputies)

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

Having regard to the report drawn up on 20 May 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 30 January 1995 by an Italian national, Mr Angelo De Feo, against Italy;

Whereas on 19 June 1998 the Commission transmitted the said report to the Committee of Ministers and the case has not been referred to the European Court of Human Rights, either by the Commission or by a State entitled to do so under Article 48 of the Convention, within the time-limit of three months from the transmission of the report to the Chairman of the Committee of Ministers; considering, however within this time-limit, the applicant seized the Court in accordance with Protocol No. 9 but that the screening panel of the Court decided on 6 October 1998 that this case would not be considered by the Court; whereas the Co m mittee of Ministers is now therefore called upon to take a decision in accordance with Article 32 of the Convention and with Article 48 of the Convention as amended by Article 5 of Protocol No. 9 for those States having ratified the latter;

Whereas in his application, as declared admissible by the Commission on 3 December 1996, the applicant complained of the excessive length of certain proceedings before the administrative courts as well as of the absence of any judicial remedy in this respect;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been no violation of Article 6, paragraph 1, of the Co n vention since this Article was not applicable in the proceedings concerned and that accordingly there had been no violation of Article 13 of the Co n vention;

Whereas at the 654th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 18 January 1999, that there had been in this case no violation of Article 6, paragraph 1, of the Co n vention and that there had been no violation of Article 13 of the Convention,

Declares, that it has exercised its fun c tions under Article 32 of the Convention in this case;

Authorises the publication of the report adopted by the Commission in this case.