European Court of Human Rights

Resolution CM/ResDH(2011)147¹

Execution of the judgments of the European Court of Human Rights

Serban and Lefter Niţă against Romania

(Applications Nos. 3729/03 and 9410/04, judgments of 19 January 2010 and 6 April 2010,

final on 19 April 2010 and 6 July 2010)

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 quashing of final court decisions by the Supreme Court following applications for nullity (recursuri in anulare) lodged by the Procurator General (violations of Article 6, paragraph 1, in the Serban case and Article 1 of Protocol No. 1 in both cases) (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, within the time-limit set, 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;

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(2011)147

Information on the measures taken to comply with the judgments in the cases of

Serban and Lefter Niţă against Romania

Introductory case summary

These cases concern the quashing of final court decisions by the Supreme Court, in 2002 and 2003, following applications for nullity lodged by the Procurator General under Article 330 and Article 330¹ of the Code of Civil Procedure (violation of Article 6, paragraph 1, in the Serban case and violation of Article 1 of Protocol No. 1 in both cases).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The European Court awarded the applicants just satisfaction in respect of all heads of damage combined.

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The government referred to the measures that had been taken to avoid new, similar violations, as set out in Resolution CM/ResDH(2007)90 (in particular the fact that Articles 330 and 330¹ of the Code of Civil Procedure were repealed by Article 1§17 of Emergency Ordinance No. 58 of 25/06/2003 passed by the government, published in the Official Journal on 28/06/2003, which received parliamentary approval on 25/05/2004).

III. Conclusions of the respondent state

The government considers that no individual measure is required apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Romania has thus complied with its obligations under Article 46, paragraph 1, of the Convention.