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CASE OF GIANCARLO LOMBARDO AGAINST ITALY

Doc ref: 12490/86 • ECHR ID: 001-55608

Document date: March 21, 1994

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

CASE OF GIANCARLO LOMBARDO AGAINST ITALY

Doc ref: 12490/86 • ECHR ID: 001-55608

Document date: March 21, 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 case of Giancarlo Lombardo against Italy, delivered

on 26 November 1992 and transmitted the same day to the Committee

of Ministers;

Recalling that the case originated in an application against

Italy lodged with the European Commission of Human Rights on

29 July 1986 under Article 25 (art. 25) of the Convention by

Mr Giancarlo Lombardo, an Italian national, who complained of the

length of certain civil proceedings instituted by him before the

Court of Audit;

Recalling that the case was brought before the Court by the

Commission on 13 December 1991;

Whereas in its judgment of 26 November 1992 the Court

unanimously:

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

applicable in the case and had been violated;

- held that the judgment constituted in itself sufficient

just satisfaction for any non-pecuniary damage sustained;

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 Italy to inform it of the

measures which had been taken in consequence of the judgment of

26 November 1992, having regard to Italy'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 Italy gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution,

Declares, after having taken note of the information

supplied by the Government of Italy, that it has exercised its

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

case.

Appendix to Resolution DH (94) 25

Information provided by the Government of Italy

during the examination of the Giancarlo Lombardo case by the

Committee of Ministers

The organisation of the Court of Audit has been amended by

a legislative decree of 15 November 1993 (No. 453), converted

into parliamentary legislation by Act No. 19 of 14 January 1994.

The new organisation introduces judicial sections of the Court

of Audit in all regions of Italy. These sections shall be

established within a time-limit of seven months from the entry

into force of the legislative decree. The decisions of these

regional sections may be appealed against to the central judicial

section within a period of sixty days. Questions of principle

and questions concerning conflicts of competence may furthermore

be brought before the joint section of the Court of Audit by the

regional and central sections, as well as by the public

prosecutor.

The magistrates of the regional sections are nominated by

the President of the Court of Audit. Without the consent of the

magistrate concerned the period of appointment cannot exceed two

years.

The new regulations allow the Court of Audit to delegate the

investigation of certain questions to civil servants and also to

request the assistance of technical experts. The regulations

also affect the organisation of the public prosecutor's office.

A general prosecutor or another magistrate designated ex officio

is henceforth attached to each regional section. These officials

intervene mainly in public servants' liability cases, their

competence in retirement pension cases henceforth being limited

to the power to appeal in the interest of the law.

The Italian Government considers that this reform, the cost

of which has been evaluated at 4 160 million lire, will ensure

that in the future the proceedings before the Court of Audit

which fall under Article 6 (art. 6) of the Convention will lead

to judgment within a reasonable time, within the meaning of the

said article (art. 6).

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