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CASE OF FREDIN No. 2 AGAINST SWEDEN

Doc ref: 18929/91 • ECHR ID: 001-55687

Document date: June 7, 1995

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CASE OF FREDIN No. 2 AGAINST SWEDEN

Doc ref: 18929/91 • ECHR ID: 001-55687

Document date: June 7, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention 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 Fredin 2 case delivered on 23 February 1994 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application

(No. 18928/91) against Sweden lodged with the European Commission

of Human Rights on 9 April 1991 under Article 25 (art. 25) of the

Convention by Mr Anders Fredin, a Swedish national, and that the

Commission declared admissible the complaints that the applicant

had been denied a "fair and public hearing" before the Supreme

Administrative Court;

Recalling that the case was brought before the Court by the

Commission on 13 April 1993 and by the Government of Sweden

on 24 May 1993;

Whereas in its judgment of 23 February 1994 the Court

unanimously:

- held that there had been a violation of Article 6,

paragraph 1 (art. 6-1), of the Convention;

- held that Sweden was to pay the applicant, within three

months, 15 000 Swedish krona for non-pecuniary damage and

120 502 Swedish krona for costs and expenses;

- dismissed the remainder of the claim for just satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

Having invited the Government of Sweden to inform it of the

measures which had been taken in consequence of the judgment of

23 February 1994, having regard to Sweden's obligation under

Article 53 (art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Sweden gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that on 23 March 1994, within the

time-limit set, the Government of Sweden paid the applicant the

sums provided for in the judgment of 23 February 1994,

Declares, after having taken note of the information supplied

by the Government of Sweden, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (95) 94

Information provided by the Government of Sweden

during the examination of the Fredin No. 2 case

by the Committee of Ministers

The Swedish Supreme Administrative Court has declared in a

decision of 7 February 1995 (case 2060-1994) that the rules

regarding the holding of oral hearings, contained in Article 6

(art. 6) of the Convention and as developed in the case-law of the

Convention organs, have become directly applicable in Swedish law

as a result of the incorporation of the Convention into Swedish law

as from 1 January 1995. The Supreme Administrative Court has,

accordingly, adapted its practice with regard to the holding of

oral hearings to the jurisprudence of the Court and has granted

oral hearings on a number of occasions (see, for example, the

Supreme Administrative Court's decision of 31 May 1994

(case 4849-1993) and its above-mentioned decision of

7 February 1995).

In addition the 1988 Act on Judicial Review of Certain

Administrative Decisions has been amended as from 1 April 1995

(Svensk författningssamling - the official journal - 1994:1759).

The amendments imply a more restricted role for the Supreme

Administrative Court as it will henceforth only review decisions

taken by the government. Administrative decisions taken by other

authorities are to be reviewed by the administrative courts of

appeal. As regards the procedure before the latter, Section 9 of

the Act on Administrative Procedure (förvaltningsprocesslagen)

provides that oral hearings shall be held if a party so requests,

the holding of such a hearing is not unnecessary and there are no

special reasons militating against it.

In view of these developments it must be assumed that the

administrative courts will henceforth apply the relevant domestic

provisions so as to conform with the "fair and public" hearing

requirement in Article 6, paragraph 1 (art. 6-1), as interpreted by

the European Court of Human Rights.

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