European Court of Human Rights

RESOLUTION DH (97) 12

CONCERNING THE JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 26 SEPTEMBER 1995 AND 2 SEPTEMBER 1996

IN THE CASE OF VOGT AGAINST GERMANY

(Adopted by the Committee of Ministers on 28 January 1997

at the 582nd meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 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 Vogt case delivered on 26 September 1995 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 17851/91) against Germany, lodged with the European Commission of Human Rights on 13 February 1991 under Article 25 of the Convention by Ms Dorothea Vogt, a German national, and that the Commission declared admissible the complaint that her exclusion from the public service of the Land of Lower-Saxony on account of her political activities as a member of the German Communist Party (Deutsche Kommunistische Partei – DKP) constituted a violation of her right to freedom of expression and of her freedom of association and also discrimination in the enjoyment of these rights;

Recalling that the case was brought before the Court by the Commission on 11 March 1994 and by the Government of Germany on 29 March 1994;

Whereas in its judgment of 26 September 1995 the Court:

– held, by seventeen votes to two, that Article 10 of the Convention was applicable in the present case;

– held, by ten votes to nine, that there had been a violation of Article 10;

– held, unanimously, that Article 11 of the Convention was applicable in the present case;

– held, by ten votes to nine, that there had been a violation of Article 11;

– held, unanimously, that it was not necessary to examine the case under Article 14 of the Convention, taken in conjunction with Article 10;

– held, by seventeen votes to two, that the question of the application of Article 50 of the Convention was not ready for decision and consequently reserved the said question;

Whereas in its judgment of 2 September 1996 (Article 50), the Court decided unanimously to strike the case out of its list on account of a friendly settlement reached between the parties with regard to the applicant’s claims under Article 50;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention;

Having invited the Government of Germany to inform it of the measures which had been taken in consequence of the judgments of 26 September 1995 and 2 September 1996, having regard to Germany’s obligation under Article 53 of the Convention to abide by them;

Whereas, during the examination of the case by the Committee of Ministers, the Government of Germany gave the Committee information about the measures taken in consequence of these judgments, which information appears in the appendix to this resolution,

Declares, after having taken note of the information supplied by the Government of Germany, that it has exercised its functions under Article 54 of the Convention in this case.

Appendix to Resolution DH (97) 12

Information provided by the Government of Germany

during the examination of the Vogt case

by the Committee of Ministers

On 17 June 1996 the German Federal Ministry of the Interior transmitted the judgment of 26 September 1995 of the Court with a letter to the Länder indicating that the authorities would have to examine all future cases of this kind in detail, in the light of the Court’s judgment, in order to prevent the repetition of violations similar to those found in the present case. The ministry was, however, of the opinion that it would not be possible to reopen old dismissal procedures on the basis of the judgments of the European Court of Human Rights.

The government notes further that the Convention is directly applicable in German law and considers that the German courts will not fail, in case they were to be seized with new cases of the present kind, to interpret the law in accordance with the judgments of the Court. In this context the government observes that a translation of the full text of the judgments into German has been published in the Europäische Grundrechte Zeitung (EuGrZ) 1995, pages 590 to 603.

The sums agreed upon in the friendly settlement were all paid before the Court’s judgment of 2 September 1996, with the exception of the compensation of 117 639.55 Deutschmarks, which, after deduction of income tax (32 383.84 Deutschmarks), was paid on 10 October 1996. As agreed, Ms Vogt has also been deemed by the Land of Lower-Saxony to have reached the fourteenth and final step in the salary grade of A 13 in November 1996. In addition, the Land has recognised the period between 31 October 1989 and 31 January 1991 as a period of pensionable service by her as civil servant.

In the light of the foregoing, the German government considers that it has complied with its obligations under Article 53 of the Convention as a result of the Courts’ judgments.