CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 21 mars 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 case of Giancarlo Lombardo against Italy, delivered on 26 November 1992 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application against Italy lodged with the European Commission of Human Rights on 29 July 1986 under Article 25 (art. 25) of the Convention by Mr Giancarlo Lombardo, an Italian national, who complained of the length of certain civil proceedings instituted by him before the Court of Audit;        Recalling that the case was brought before the Court by the Commission on 13 December 1991;        Whereas in its judgment of 26 November 1992 the Court unanimously:        - held that Article 6, paragraph 1 (art. 6-1), was applicable in the case and had been violated;        - held that the judgment constituted in itself sufficient just satisfaction for any non-pecuniary damage sustained;        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 Italy to inform it of the measures which had been taken in consequence of the judgment of 26 November 1992, having regard to Italy'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 Italy gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution,        Declares, after having taken note of the information supplied by the Government of Italy, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                  Appendix to Resolution DH (94) 25   Information provided by the Government of Italy during the examination of the Giancarlo Lombardo case by the Committee of Ministers        The organisation of the Court of Audit has been amended by a legislative decree of 15 November 1993 (No. 453), converted into parliamentary legislation by Act No. 19 of 14 January 1994. The new organisation introduces judicial sections of the Court of Audit in all regions of Italy.   These sections shall be established within a time-limit of seven months from the entry into force of the legislative decree.   The decisions of these regional sections may be appealed against to the central judicial section within a period of sixty days.   Questions of principle and questions concerning conflicts of competence may furthermore be brought before the joint section of the Court of Audit by the regional and central sections, as well as by the public prosecutor.        The magistrates of the regional sections are nominated by the President of the Court of Audit.   Without the consent of the magistrate concerned the period of appointment cannot exceed two years.        The new regulations allow the Court of Audit to delegate the investigation of certain questions to civil servants and also to request the assistance of technical experts.   The regulations also affect the organisation of the public prosecutor's office. A general prosecutor or another magistrate designated ex officio is henceforth attached to each regional section.   These officials intervene mainly in public servants' liability cases, their competence in retirement pension cases henceforth being limited to the power to appeal in the interest of the law.        The Italian Government considers that this reform, the cost of which has been evaluated at 4 160 million lire, will ensure that in the future the proceedings before the Court of Audit which fall under Article 6 (art. 6) of the Convention will lead to judgment within a reasonable time, within the meaning of the said article (art. 6).