European Court of Human Rights

Resolution CM/ResDH(2009)73¹

Execution of the judgments of the European Court of Human Rights

Bíro and Klimek against Slovak Republic

(Application No 46844/99 and 60231/00, judgments of 8 November 2005 and 17 June 2003,

final on 15 February 2006 and 17 September 2003)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concern the excessive length of certain civil proceedings (violations of article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- general measures preventing, similar violations;

Having examined the measures taken by the respondent state to that effect, the details of which appear in the Appendix;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ResDH(2009)73

Information about the measures to comply with the judgments in the cases of

Bíro and Klimek against Slovak Republic

Introductory case summary

These cases relate to the excessive length of certain civil proceedings which began between 1994 and 1998 (violations of Article 6, paragraph 1).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The domestic proceedings the excessive length of which was impugned by the European Court in these cases were ended between 1998 and 2008.

II. General measures

General measures have already been adopted to improve the efficiency of the judicial system and avoid new violations, particularly in the context of the examination of the Jóri case (judgment of 09/11/2000) closed by Resolution ResDH(2005)67 (cf. in particular the amendment to the Constitution brought about in 2001 which introduces a constitutional petition for complaints of violations of human rights protected by international treaties; the adoption of Act No. 501/2001 which reduces the number of cases in which second-instance courts are competent at first instance and aims to accelerate the gathering of evidence; the adoption of Act No. 385/2000 which regulates the civil and disciplinary liability of judges for unjustified delays in their cases).

The Committee of Ministers is at present supervising the execution of several judgments of the Court (in particular the judgment of Jakub 28 February 2006), finding in particular a violation of Article 6, paragraph 1 of the Convention on account of the excessive length of civil proceedings. Within the framework of these cases, the Committee supervises the adoption of the outstanding general measures. In this context, the Slovak authorities have indicated to the Committee of Ministers new measures that they have taken or were envisaging (in particular measures aimed at improving the structural organisation of the judiciary and legislative measures, as well as measures aimed at enhancing the efficiency of the constitutional petition against the excessive length of judicial proceedings) in order to put to an end the problem of excessive length of proceedings, so as to prevent other violations similar to those already found.

III. Conclusions of the respondent state

The government considers that no individual measure is necessary in these cases, apart from the payment of the just satisfaction awarded by the Court. It also considers that all the measures taken show the efforts made to avoid excessive length of proceedings before Civil Courts. The government will continue to make all the necessary efforts, under the supervision of the Committee, to avoid new, similar violations. The government concludes that it has thus complied with its obligations under Article 46 paragraph 1 of the Convention in the present cases.