CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 4 mai 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 Massa against Italy delivered on 24 August 1993 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 2 November 1988 under Article 25 (art. 25) of the Convention by Mr Aldo Massa, an Italian national, who complained of the length of certain civil proceedings which he had brought before the Court of Audit;        Recalling that the case was brought before the Court by the Commission on 10 July 1992;        Whereas in its judgment of 24 August 1993, the Court unanimously:        - held that Article 6 (art. 6) applied in the instant case and had been breached;        - held that the Italian State was to pay the applicant, within three months, 10 000 000 Italian lire in respect of non-pecuniary damage and 8 365 000 Italian lire in respect of costs and expenses;        - dismissed the remainder of the claim for just satisfaction;        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 24 August 1993, having regard to its 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;        Having satisfied itself that on 20 December 1993 the Government of Italy paid the applicant the sum provided for in the judgment of 24 August 1993,        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) 32           Information provided by the Government of Italy            during the examination of the Massa 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 introduce an 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).