CEDHCASELAW;RESOLUTIONS;EXECUTION;ENG17
CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 13 mars 1985
- ECLI
- ECLI:CEDH:001-55426
- Date
- 13 mars 1985
- Publication
- 13 mars 1985
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
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version préliminaireFaits
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Question juridique
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Solution
source officielleInformation given by the government concerning measures taken to prevent new violations. Payment of the sums provided for in the judgment.
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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 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 Sramek case, delivered on 22 October 1984 and transmitted the same day to the Committee of Ministers;   Recalling that this case had its origin in an application against Austria lodged on 19 September 1979 with the European Commission of Human Rights under Article 25 (art. 25) of the convention by a United States citizen, Mrs Vera Sramek, alleging violation of Article 6, paragraph 1 (art. 6-1), of the convention because she had not received a fair and public hearing by "an independent and impartial tribunal established by law";   Recalling that this case had been brought before the Court by the European Commission of Human Rights and by the Government of Austria;   Whereas in its judgment, the Court:   Holds by thirteen votes to two that there has been a violation of Article 6, paragraph 1 (art. 6-1);   Holds unanimously that the respondent State is to pay to the applicant one hundred thousand (100 000) schillings for costs and expenses;   Rejects by fourteen votes to one the remainder of the claim for just satisfaction;   Having regard to the "Rules concerning the application of Article 54 (art. 54) of the convention";   Having invited the Government of Austria to inform it of the measures which had been taken in consequence of the judgment, having regard to its obligation under Article 53 (art. 53) of the convention to abide by its judgment;   Whereas, during the examination of this case by the Committee of Ministers, the Government of Austria informed the Committee of the measures taken in consequence of the judgment, which information is summarised at the appendix to this resolution;   Having satisfied itself that the Government of Austria has paid to the applicant the sum awarded by the Court in respect of costs and expenses,   Declares, having taken note of the information supplied by the Government of Austria, that it has exercised its functions under Article 54 (art. 54) of the convention in this case.   Appendix to Resolution DH (85) 6   Information provided by the Government of Austria during the examination of the Sramek case by the Committee of Ministers   Following the judgment delivered by the European Court of Human Rights on 22 October 1984, the Government of Austria has taken the following measures:   1.       The regional government of the Tyrol has altered the organisation chart of the regional administration, by means of an order dated 21 November 1984, the effect of which is that henceforth the Division to which the rapporteur of the property transactions authority belongs is separate from the Directorate headed by the Controller of property transactions.   The functions and services performed by the rapporteur of the property transactions authority are as a result no longer subordinate to that Controller.   A copy of the order in question has been forwarded to the Directorate of Human Rights of the Council of Europe.   2.       As for the sum of 100 000 schillings granted by the same judgment of the Court for costs and expenses, that has been paid to the applicant.    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;RESOLUTIONS;EXECUTION;ENG
- Formation
- 17
- Date
- 13 mars 1985
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-55426
Données disponibles
- Texte intégral