MACEDO AGAINST PORTUGAL
Doc ref: 11660/85 • ECHR ID: 001-49306
Document date: February 13, 1991
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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 l3 May l985 by Mr João José da Silva Macedo against Portugal
(Application No. ll660/85);
Whereas on l December l989 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 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 the applicant complained of the
excessive length of civil proceedings he had instituted before
the Lisbon Administrative Court;
Whereas the Commission declared the application admissible
on l9 January l989 and in its report adopted on 6 November l989
expressed the opinion, by seventeen votes to one, that there had
been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention;
Agreeing with the opinion expressed by the Commission in
accordance with Article 31, paragraph 1 (art. 31-1), of the
Convention;
Whereas, during the examination of the case, the Committee
of Ministers was informed by the Government of Portugal that the
structure and the functionning of the administrative courts in
Portugal were thoroughly amended by several legislative decrees
and inter alia by the legislative Decree No. l29/84 of 27 April
l984 which provides for a new repartition of jurisdiction between
the first instance administrative courts, which were increased
in number, and the Supreme Administrative Court in order to
reduce the latter's backlog. Furthermore the number of judges
and officials of the administrative courts was increased
according to the provisions of the legislative Decree No. 374/84
of 29 November l984. Finally, the legislative Decree No. 242/85
of 9 July l985 amended Section 486, paragraph 3, of the Civil
Procedure Code which now provides that a time-limit extension
requested by the Public Prosecutor cannot exceed three months;
Having examined the proposals made by the Commission
concerning just satisfaction for the applicant,
Decides, having voted in accordance with the provisions of
Article 32, paragraph 1 (art. 32-1), of the Convention that there
has been a violation of Article 6, paragraph 1 (art. 6-1), of the
Convention in this case;
Takes note of the information provided by the Government of
Portugal;
Recommends, under Rule 5 of the Rules adopted by the
Committee of Ministers for the application of Article 32
(art. 32) of the Convention, that the Government of Portugal pay
to the applicant the sums of 350 000 escudos in respect of
pecuniary damage, l00 000 escudos for non-pecuniary damage and
75 000 escudos for the costs of the proceedings;
Decides, therefore, that no further action is called for in
this case.