CONCURRING OPINION OF Mr. C.L. ROZAKIS

     While I agree that in the present case there has been a violation

of Article 6 para. 1 of the Convention in that the applicants did not

have an effective determination of their rights by a court, I am of the

opinion that the reasoning of the Commission does not address the

central problem of the case, which is the responsibility of the

administration to comply with judicial decisions, and, thus, to honour

the principle of separation of powers and respect the rule of law.

     It is indeed part and parcel of the concept of separation of

powers and of the principle of the rule of law in a democratic State

that each power - the legislative power, the executive power and the

judicial power - has its own field of competence, within which it is

the only entity with decision-making capacity. In this field no other

power can enter and interfere with decisions on the procedure or the

merits. But the requirements of the concept of separation of powers go

beyond stipulating that each State power has its own sphere of

exclusive activity. A corollary of the principle of separation of

powers is that, wherever there is an osmosis of competence involving

more than one power in the effective implementation of a decision taken

by one of them, the power which "interferes" with the decision must co-

operate in putting it into effect. Otherwise, the power of decision-

making may be devoid of all significance. It is, for instance, an

obligation of the judiciary to apply the decisions of the legislative

power (legislation) when it decides on a case, as it is the obligation

of the executive to assist in the implementation of judicial decisions

by executing them without hindering that implementation.

     In the circumstances of the case, the State authorities - the

executive power - have not complied with the rule of separation of

powers and have prevented the judiciary from deciding in its own sphere

of competence; and, hence, the applicants did not see their expectation

of an effective determination of their rights fulfilled.

                                                  (Or. French)