Search
document

Document text Analytics

CASE OF DE MOOR AGAINST BELGIUM

Doc ref: 16997/90 • ECHR ID: 001-55601

Document date: October 19, 1994

Inbound citations: 1
•
Cited paragraphs: 0
•
Outbound citations: 0

CASE OF DE MOOR AGAINST BELGIUM

Doc ref: 16997/90 • ECHR ID: 001-55601

Document date: October 19, 1994

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 De Moor case delivered on 23 June 1994 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

Belgium lodged with the European Commission of Human Rights on

26 June 1990 under Article 25 (art. 25) of the Convention by

Mr Jérôme De Moor, a Belgian national, and that the Commission

declared admissible the complaints concerning the proceedings

before the Hasselt Bar Council regarding the applicant's

application for enrolment on the list of pupil advocates and the

length of proceedings before the Conseil d'Etat;

Recalling that the case was brought before the Court by the

Commission on 13 April 1993;

Whereas in its judgment of 23 June 1994 the Court unanimously:

- dismissed the Government's preliminary objections;

- held that Article 6, paragraph 1 (art. 6-1), was applicable

in this case and that there had been a violation of this provision;

- held that the respondent state was to pay to the applicant,

within three months, 400 000 Belgian francs for non-pecuniary

damage and 40 000 Belgian francs 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 Belgium to inform it of the

measures which had been taken in consequence of the judgment of

23 June 1994, having regard to Belgium'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 Belgium 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 31 August 1994 the Government

of Belgium paid the applicant the sum provided for in the judgment

of 23 June 1994,

Declares, after having taken note of the information supplied

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

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

Appendix to Resolution DH (94) 80

Information provided by the Government of Belgium

during the examination of the case of De Moor

by the Committee of Ministers

The Act of 19 November 1992 has amended Article 432 of the

Judicial Code by requiring that any rejection of an application for

enrolment on the list of pupil advocates has to state reasons;

furthermore, according to the new Article 469bis an appeal lies

from such a decision to the Disciplinary Appeals Board, without

prejudice to the right to file an appeal on points of law with the

Court of Cassation at a later stage. Moreover, Article 467, second

paragraph, provides henceforth for public hearings before the Bar

Council in disciplinary matters.

The Government is of the opinion that these changes

(mentioned, inter alia, in paragraph 31 of the Court's judgment)

are sufficient to prevent the repetition of the violation found by

the Court in the present case.

LEXI

Lexploria AI Legal Assistant