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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2021)1419/H46-15 |
2 December 2021 |
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1419th meeting, 30 November – 2 December 2021 (DH)
H46-15 Gazsó group v. Hungary (Application No. 48322/12) Supervision of the execution of the European Court’s judgments
Reference document |
Decisions
The Deputies
1. recalled that this group of cases, the first of which became final in 2003, concerns the structural problem of excessive length of civil, criminal and administrative proceedings and the lack of effective domestic remedies; recalled further that in view of the scale of the problem the Court delivered a pilot judgment in the Gazsó case which set 16 October 2016 as the deadline for the introduction of an effective domestic remedy or combination of such remedies;
As regards individual measures
2. decided to close the examination of eleven repetitive cases in the group for which no further individual measures are required, as the just satisfaction was paid and the respective domestic proceedings have been terminated, and adopted Final Resolution CM/ResDH(2021)423; for the remaining cases, strongly urged the authorities to provide information on the outstanding issues, repeatedly requested since December 2018, namely on the payment of just satisfaction, the state of proceedings in the cases still pending at domestic level and the measures taken in this respect, by the end of December 2021;
As regards general measures
3. noted with interest the general positive trend revealed by the statistical data provided and encouraged the authorities to continue their efforts in resolving the problem of excessively lengthy court proceedings at the stage of prevention; strongly urged the authorities to provide more detailed statistical information on the length of proceedings before all three jurisdictions allowing a comprehensive assessment of the situation;
4. noted with satisfaction the adoption of the bill introducing a compensatory remedy for excessively long civil proceedings and its impending entry into force on 1 January 2022; with a view to avoiding the risk of an influx of new applications to the Court, firmly called on the authorities to ensure its Convention-compliant application and invited them to provide the Committee with concrete information on its implementation in practice, as well as a detailed analysis on the compliance with the Court’s case-law of the levels of compensation regulated in the relevant Government Decree;
5. noted the authorities’ timetable for preparing a proposal for a remedy covering other types of judicial proceedings by the end of June 2023; in light of the importance of the matter, its technical nature and the expiry of the deadline set by the Court in its pilot-judgment more than five years ago, strongly encouraged the authorities to explore any possible avenue for accelerating their planning;
6. requested the authorities to submit updated information on all the above issues by the end of June 2022 and decided to resume examination of this group of cases, in the light of the information received, at one of their Human Rights meetings in 2022 or 2023.