RESOLUTION DH (98) 9

CONCERNING THE JUDGMENT

OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 26 AUGUST 1997

IN THE CASE OF DE HAAN AGAINST THE NETHERLANDS

(Adopted by the Committee of Ministers on 18 February 1998

at the 618th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven ­ tion 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 De Haan case delivered on 26 August 1997 and transmitted the same day to the Committee of Ministers ;

Recalling that the case originated in an application (No. 22839/93) against the Netherlands, lodged with the European Commission of Human Rights on 5 August 1993 under Article 25 of the Convention by Ms Klaziena Wilhelmina De Haan, a Dutch national, and that the Commission declared admissible the complaint concerning the lack of impartiality of a judicial body specialized in social security disputes on account of the fact that a judge, presiding over a Chamber of the Appeals Tribunal, had decided an objection against a decision for which he himself was responsible;

Recalling that the case was brought before the Court by the Commission on 4 July 1996 and by the Government of the Netherlands on 12 September 1996 ;

Whereas in its judgment of 26 August 1997 the Court :

– held, by six votes to three, that there had been a violation of Article 6, paragraph 1, of the Convention;

– held, unanimously, that the finding of a violation constituted in itself sufficient just satisfaction in respect of any non-pecuniary damage suffered;

– held, unanimously, that the respondent State was to pay to the applicant, within three months, 33 794, 88 Netherlands guilders in respect of costs and expenses, minus 14 553 French francs to be converted into Netherlands currency at the rate of exchange applicable on the day of delivery of the present judgment, and that simple interest at an annual rate of 5 % should be payable from the expiry of the above-mentioned three months until settlement;

– rejected, unanimously, the remainder of the applicant’s claims for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention ;

Having invited the Government of the Netherlands to inform it of the measures which had been taken in consequence of the judgment of 26 August 1997 having regard to the Netherlands’ obligation under Article 53 of the Convention to abide by it ;             

Whereas, during the examination of the case by the Committee of Ministers, the Government of the Netherlands gave the Committee information about the measures taken before the Court’s judgment; this information appears in the appendix to this resolution;

Having satisfied itself that on 30 September 1997, within the time-limit set, the Government of the Netherlands paid the applicant the sum provided for in the judgment of 26 August 1997,

Declares, after having taken note of the information supplied by the Government of the Netherlands that it has exercised its functions under Article 54 of the Convention in this case.

Appendix to Resolution DH (98) 9

Information provided by the Government of Netherlands

during the examination of the De Haan case

by the Committee of Ministers

The general Administrative Law Act, which entered into force on 1 January 1994, among other things replaced the Appeals Tribunals, the judicial bodies called into question in the De Haan case, by administrative law divisions of the Regional Courts ( arrondissementsrechtbanken ). An appeal against these divisions’ decisions in social security disputes can be lodged with a separate judicial body, the Central Appeals Tribunal ( Centrale Raad van Beroep ), which enjoys henceforth a full jurisdiction in appeal.

The Government of the Netherlands is of the opinion that the legislative measures adopted will prevent repetition of violations of the same kind as that found in the present judgment.

Moreover, the Court’s judgment was published, notably, in Jurisprudentie Bestuursrecht (no. 186/1997), Nederlands Juristen Blad (no. 41/1997) and Trema (no. 8/1997).

In the light of the above, the Government considers that the Netherlands has complied with its obligations under Article 53 of the Convention as regards this judgment.