CEDHCASELAW;RESOLUTIONS;MERITS;ENG17
CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 7 avril 1995
- ECLI
- ECLI:CEDH:001-49530
- Date
- 7 avril 1995
- Publication
- 7 avril 1995
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
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privées · visibles par vous seulRésumé structuré
version préliminaireFaits
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Question juridique
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Solution
source officielleViolation of Art. 6-1;Information given by the government concerning measures taken to prevent new violations. Payment of the sums provided for in the decision of the Committee of Ministers.
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Texte intégral
.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }      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 5 June 1990 by Mr Arnt Andreassen against Norway (Application No. 17228/90);        Whereas on 25 March 1994 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 has 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, as declared admissible by the Commission on 12 January 1993, the applicant complained of the length of certain civil proceedings concerning his right to buy a piece of land by virtue of his allodial rights;        Whereas in its report adopted on 2 March 1994, the Commission expressed, by ten votes to three, the opinion that there had been a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        Whereas, at the 517th meeting of the Ministers' Deputies held on 21 September 1994, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, having voted in accordance with the provisions of Article 32, paragraph 1 (art. 32-1), of the Convention, that there had been in this case a violation of Article 6, paragraph 1 (art. 6-1), of the Convention;        Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 20 January 1995;        Whereas, at the 530th meeting of the Deputies held on 1 March 1995, the Committee of Ministers decided, in accordance with Article 32, paragraph 2 (art. 32-2), of the Convention, that the Government of Norway was to pay the applicant as just satisfaction, within three months, 13 500 Norwegian kroner in respect of non-pecuniary damage and 18 500 Norwegian kroner in respect of costs and expenses, namely a total sum of 32 000 Norwegian kroner;        Whereas the Committee of Ministers invited the Government of Norway to inform it of the measures taken following its decisions of 21 September 1994 and 1 March 1995, having regard to Norway's obligation under Article 32, paragraph 4 (art. 32-4), of the Convention to abide by them;        Whereas, during the examination of the case by the Committee of Ministers, the Government of Norway gave the Committee information about the measures taken in consequence of the Committee's decisions, which information appears in the appendix to this resolution;        Whereas the Committee of Ministers satisfied itself that the Government of Norway paid the applicant within the prescribed time-limit the total sum of 32 000 Norwegian kroner as just satisfaction,        Declares, having taken note of the measures taken by the Government of Norway, that it has exercised its functions under Article 32 (art. 32) of the Convention in this case;        Authorises the publication of the report adopted by the Commission in this case.                   Appendix to Resolution DH (95) 26           Information provided by the Government of Norway        during the examination of the Arnt Andreassen case                   by the Committee of Ministers        The Government of Norway has taken the following measures in order to prevent the repetition of the violation of the Convention found in the present case:        - on 3 February 1995 a circular was issued to all the county governors and municipalities requesting that cases concerning proceedings for redemption of allodial rights should be given priority;        - on the same day the authority to take decisions in cases concerning redemption of allodial rights was transferred from the Ministry of Agriculture to the county agricultural committees;        - the Ministry of Agriculture is henceforth following up each individual case with a view to ensuring that proceedings are not unduly protracted.  Articles de loi cités
Article 6 CEDHArticle 6-1 CEDH
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;RESOLUTIONS;MERITS;ENG
- Formation
- 17
- Date
- 7 avril 1995
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-49530
Données disponibles
- Texte intégral