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You are here: BAILII >> Databases >> European Court of Human Rights >> Clement v France - 37876/0 [2010] ECHR 1877 (15 September 2010) URL: http://www.bailii.org/eu/cases/ECHR/2010/1877.html Cite as: [2010] ECHR 1877

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Resolution CM/ResDH(2010)128¹

Execution of the judgment of the European Court of Human Rights

Clément against France

(Application No. 37876/02, judgment of 6 June 2006, final on 6 September 2006)

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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the excessive length of proceedings concerning civil rights and obligations before administrative courts (violation of Article 6, paragraph 1) (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 judgment;

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, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its 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

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix) and considering the decision taken in the Clément case at the 1028th meeting of the Ministers’ Deputies (3 June 2008), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2010)128

Information about the measures to comply with the judgment in the case of

Clément against France

Introductory case summary

This case concerns the excessive length of proceedings concerning civil rights and obligations before administrative courts (violation of Article 6, paragraph 1). The proceedings at issue began in 1995 and lasted more than eight years and two months, mostly before local and national medical professional bodies.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

No measure is necessary, as the proceedings are closed.

II. General measures

1) Excessive length of proceedings

Generally speaking, this case presents similarities to that of Raffi and other cases involving length of proceedings before administrative courts which were closed by Resolution CM/ResDH(2008)12, adopted by the Committee of Ministers on 27 March 2008 at the 1020th meeting of the Ministers’ Deputies in view of the measures adopted, in particular Law No. 2002-1138 of 9 September 2002, providing inter alia recruitment of staff, the creation of new courts and budgetary resources and procedural measures to enable administrative courts both to reduce their backlogs faster and reduce the flow of incoming cases.

Article R 112-2 of the Code of Administrative Justice, as worded under a Decree of 9 December 2005, provides that any party considering that proceedings before an administrative tribunal or court of appeal are excessively lengthy may appeal to the Head of the Standing Inspectorate of Administrative Courts (mission permanente d’inspection des juridictions administratives), who may make recommendations to redress the situation.

The Head of the Standing Inspectorate also receives copies of all administrative or judicial decisions awarding compensation for damage caused by the excessive length of proceedings before administrative courts. If he/she considers it appropriate, he/she may bring any shortcoming in the provision of justice to the attention of court presidents.

In view of the specific nature of the proceedings in this case, the judgment was also sent out to the national medical professional body, by letter of 25 February 2008. Having been informed of the Court’s findings, this body is in a position to take them into account in the future to avoid new, similar violations.

2) Effective remedy

In the case of Broca and Texier-Micault (judgment of 21 October 2003), the European Court found that an effective remedy now exists in French law whereby complaints may be made on the ground of the excessive length of proceedings before administrative courts, but that applicants could not be required to exhaust it in the case of applications lodged before 1 January 2003 (as in this case). Since 1 September 2005, this remedy has fallen within the exclusive jurisdiction of the Conseil d’Etat (Article R 311-1, paragraph 7, of the Code of Administrative Justice). The aim of this measure is that applications lodged on this basis are settled promptly in fresh proceedings on the length of the relevant proceedings.

III. Conclusions of the respondent state

The government considers that no individual measures are necessary in this case, that the general measures adopted will prevent similar violations and that France has accordingly fulfilled its obligations pursuant to Article 46, paragraph 1, of the Convention.