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APPLICATION FORM FOR THE VIOLATION OF REASONABLE LENGTH OF A CIVIL TRIAL IN ITALY.
THE EUROPEAN COURT OF HUMAN RIGHTS
Council of Europe
Strasbourg, France
APPLICATION
Submitted as described in Art. 34 of the European Convention on Human Rights FOR THE EXCESSIVE LENGTH OF A CIVIL TRIAL IN ITALY
I. THE PARTIES
THE APPLICANT
(Necessary details of the applicant and any representative)
Name
First Name
Sex
Nationality
Occupation
Date and place of birth
Address
Permanent address
Tel N°
Represented and safeguarded during the proxy by Mr..……., with permanent address at Mr. ... cabinet, address:.
THE HIGH CONTRACTING PARTY
Italy
II. STATEMENT OF THE FACTS
With a cerified Notice of process Mr.…………..attended the trial, in the Civil Court of
……….Mr. ………and his insurance accepting and declaring the full responsibility of applicants in the case settlement and as a consequence to be sentenced to all damages compensation, included patrimonial or
non patrimonial damages. The legal pursuit was fixed on ……. Applicants attended the Court on……….., contesting both the debeatur and the quantum. The fist hearing was fixed on………, and
the judged fixed the hearing on ……..to meet the Contracting Parties and to try and find a friendly settlement. Then, at the hearing on ………the Contracting Parties didn't attended the Court and the judged
fixed the hearing on ……….; so, during the hearing on ……… the trial was postponed according to provisions of Art. 184 of Civil and Penal Code giving thirty days to the Contracting Parties to submit their
memoranduums according to Art. 183, clause 5 of the Civil and Penal Code and another thirty days to submit answers to memoranduums. During the hearing on ………. the judge postpones the case to allow the
Contracting Parties to precise their inquiry petition and to give answers to each other. The following hearing was fixed on ………….. During this hearing the judge shall decide on the petitions. He judged
admissible the evidences and legal medical advice, and he fixed the last hearing and the CTU decision on ………. During the CTU hearing the documents were judged , and the judge postponed the evidence anlysis and
the check on ………. During the hearing on ………the new documents were judged and the judged postponed the hearing in order to wait for the CTU decision. During the hearing on ……… legal representatives
of the Contracting Parties asked for a postponement and the judge granted it ……... During the hearing on ………. The legal representatives of the Contracting Parties submitted their final documents and the
judge gave them the delay to submit their final judgments and answers. The final judgment was given on ……submitted to the Chancellery on …….. and ratified on ………... The Contracting Parties
submitted a petition and the new hearing was fixed on ……….
III.STATEMENT OF ALLEGED VIOLATION(S) OF THE CONVENTION AND OF RELEVANT ARGUMENTS
The applicant complains for the excessive length of the trial de quo. In fact, the trial stated on
1990 and the first final judgment was given only in 1996, that is to say six years afterwards. The case is still pending. This is a clear violation of Art. 6.1. of the Convention whereby: ”[…] everyone is
entitled to a fair and public hearing within a reasonable time [...]“. The Italian governement has been judged guilty for the excessive length of trials many times by the European Court of Human Rights, but those
sentences weren't useful as the government didn't do anything to better the situation. Those excessive lengths of trials are a consequence of structural, organisation and personal failures of the Italian Law
Section. Italy has few judges and clerks, secretaries and employees aren't trained sufficiently. Usually their work is difficult because of old fashioned and misfunctioning means. Then, there aren't enough judges if
compared to the amount of work to do.
IV. STATEMENT RELATIVE TO ART. 35 OF THE CONVENTION
Final decision (date, court or authority and nature of decision).
When the applicant submit an application for the excessive
length of trials there is no need to wait till the end of the procedure.
Other decisions (list in chronological order, giving date, court or authority and nature of decision for each one).
No other decisions are pending apart from the one of the Court of …….. dated ……., n. ……...
Is any other appeal or remedy available which you have not used? If so, explain why you have not used it?
The Court perfectly knows that the applicant hasn’t the power to speed the making of the decision. In fact the Court rejected many times the Italian Government application about Art. 55, 56 and 74 of the Civil and
Penal Code about the speeding of trials in Italy.
V. STATEMENT OF THE OBJECT OF THE APPLICATION FOR “JUST SATISFACTION”
The applicant submits his request of approved violation of Art. 6.1 of the Convention on Human Rights against
Italy and asks for a judgment against Italy that should pay all material and moral offences to the applicant as determined afterwards; the applicant asks also the payment of patrimonial and non-patrimonial offences
as prescribed by Art. 41 of the Convention as well as all costs, rights, honorariums of legal representatives in advance.
VI. STATEMENT CONCERNING OTHER INTERNATIONAL PROCEEDINGS
Have you submitted the above complaints to any other procedure of international investigation or settlement? If so, give full details.
The applicant hasn’t submitted the complaint to any other procedure.
VII. LIST OF DOCUMENTS
(NO ORIGINAL DOCUMENTS, ONLY PHOTOCOPIES)
Attach all photocopies of final decisions as in Chapters IV e VI. If not possible, explain the
reasons. The documents will not be returned
a) Notification act;
b) Inscription to the role;
c) Surrender statement and answer;
d)
Reports and hand written transcription;
e) Beginning of the office file;
f) Inquiry memoranduum of the applicant;
g)
Inquiry memoranduum of the other Contracting Party;
h) Applicant final attendance;
i) Contracting Party final attendance;
j) Applicant answer;
k)
Contracting Party answer;
l) the Court decision …….. dated …… n°……….. ratified on ……….
m) Appeal sentence ratified on ………..
n) Proxy
VIII.DECLARATION AND SIGNATURE
I hereby declare that, to the best of my knowledge and belief, the information I have given in the application is correct and that I will respect the confidentiality of the Commission’s proceedings.
Place …………
Date ………..
Signature of the applicant or of the representative
……………..
Original signature.
Legal representative ………
…………………..
THE EUROPEAN COURT OF HUMAN RIGHTS
PROXY
The undersigned …………………
first name, name and permanent address of the applicant
I hereby appoint Mr ……………
first name, name and permanent address of the representaitve
The undersigned …….(first name, name and permanent address of the applicant) I
hereby appoint Mr.…as my lawyer to represent and safeguard my interests during the proxy at the European Court of Human Rights and in any case necessary according to the European Convention on Human Rights
…………….
(Government)
date ……….
date of presentation letter
…………..
place and date
……………..
signature
IX. FORM OF DETAILS OF THE PROCEDURE
To be fully filled in – indicate even the date of the final decision if the national trial has ended. Paragraphs about procedure’s sections not
developed must be cancelled. If the filling gap space is not sufficient, you can add photocopies of the original documents.
I
. Content of the application submitted to national judges
…………..
II. Procedure
Assigned judge …………..
Notification date of application …………..
Final decision date………..
Date of Chancellery submitting …………..
III. Procedure to the Court
Assigned judge …………
Notification date of the petition …………….
Final decision date………..
Date of Chancellery submitting …………..
IV. Procedure to the Supreme Court
Notification date of application ……………..
Final decision date ………………..
Date of Chancellery submitting ………….
V
. Details about the proceeding after cancellation and postponement
…………………
VI. Date of the final judgment
………………………….
VII
. Development of the procedure
A. Procedure
Hearings dates. Inquiry activities developped
……………………..
B. Petition procedure
Hearings dates. Inquiry activities developped ………………………….
C. Delete……………….
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