KOMULAINEN AGAINST FINLAND

Doc ref: 19576/92 • ECHR ID: 001-49739

Document date: December 15, 1995

Doc ref: 19576/92 • ECHR ID: 001-49739

Document date: December 15, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32

(art. 32) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the report drawn up by the European

Commission of Human Rights in accordance with Article 31 (art. 31)

of the Convention relating to the application lodged on 16 January

1992 by Mr Komulainen against Finland (Application No. 19576/92);

Whereas on 10 July 1995 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 (art. 32-1),

of the Convention has elapsed without the case having been brought

before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the Convention;

Whereas in his application, as declared admissible by the

Commission on 10 October 1994, the applicant complained of the

requirement that, chosen by a certain political party, he should

have been a member of that party in order to be eligible for a

municipal position of trust;

Whereas in its report adopted on 16 May 1995, the Commission

expressed, by twenty-seven votes to one, the opinion that there had

been no violation of Article 11 (art. 11) of the Convention and

expressed, unanimously, the opinion that there had been no

violation of Article 14 of the Convention in conjunction with

Article 11 (art. 14+11);

Whereas, at the 553rd meeting of the Ministers' Deputies held

on 15 December 1995, the Committee of Ministers, agreeing with the

opinion expressed by the Commission, held, having voted in

accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case no

violation of Article 11 (art. 11) of the Convention and that there

had been in this case no violation of Article 14 of the Convention

taken in conjunction with Article 11 (art. 14+11),

Declares that it has exercised its functions under Article 32

(art. 32) of the Convention in this case;

Authorises the publication of the report adopted by the

Commission in this case.

Lexploria AI Legal Assistant