CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 19 octobre 1994

.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 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.