resolution DH ( ) 383

HUMAN RIGHTS

APPLICATION No. 31624/96

MASTRACCHIO AGAINST ITALY

(Adopted by the Committee of Ministers on 12 November 1998 at the 647th 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 16 April 1998, by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 6 March 1996 by an Italian national, Mr Giuseppe Mastracchio, against Italy;

Whereas on 18 May 1998 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Art i cle 48 of the Co n vention;

Whereas in his application, declared admissible by the Commission on 4 March 1997, the applicant complained of the excessive length of certain proceedings before the administrative courts;

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, this provision not being applicable to the proceedings concerned;

Whereas, at the 647 th 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 12 November 1998, that there had been in this case no violation of Article 6, par a graph 1, 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.