Ionescu and Negoita against Romania - 22738/07 [2011] ECHR 1281 (8 June 2011)
The Court, being satisfied that the friendly settlement was based on respect for human rights as defined in the Convention, struck the case out of its list. The Committee of Ministers confirmed execution of the settlement and closed its examination.
Source-derived case information.
- Citation
- [2011] ECHR 1281
- Parties
- Applicant: Ionescu; Applicant: Negoiţă; Respondent: Government of Romania
- Jurisdiction
- European Union
- Procedural Posture
- Application to the European Court of Human Rights / Execution of Friendly Settlement Decision
- Outcome
- case struck out following friendly settlement; execution confirmed; examination closed
- Legal Topics
- Length of Civil Proceedings, Outcome of Civil Proceedings, Article 6(1) ECHR, Article 1 of Protocol No. 1 ECHR, Friendly Settlement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ionescu
Applicant
Negoiţă
Applicant
Government of Romania
Respondent
Procedural Posture
Application to the European Court of Human Rights / Execution of Friendly Settlement Decision
Legal Issues
- 1 Whether the length and outcome of civil proceedings violated Article 6(1) of the Convention and Article 1 of Protocol No. 1
- 2 Whether the friendly settlement respects human rights as defined in the Convention
Ratio Decidendi
The Court, being satisfied that the friendly settlement was based on respect for human rights as defined in the Convention, struck the case out of its list. The Committee of Ministers confirmed execution of the settlement and closed its examination.
Court Disposition
case struck out following friendly settlement; execution confirmed; examination closed
Orders
- Government of Romania to pay applicants 3,200 EUR within three months from notification of the decision
- No further measures required; examination closed
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Ionescu and Negoita against Romania - 22738/07 [2011] ECHR 1281 (8 June 2011) URL: https://www.bailii.org/eu/cases/ECHR/2011/1281.html Cite as: [2011] ECHR 1281 [ New search ] [ Contents list ] [ Help ] Resolution CM/ResDH(2011)75 Execution of the decision of the European Court of Human Rights Ionescu and Negoiţă against Romania (Application No. 22738/07, decision of 21 September 2010, friendly settlement) The Committee of Ministers, under the terms of Article 39, paragraph 4, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of the terms of friendly settlements as set out in decisions of the European Court of Human Rights (hereinafter “the Convention” and “the Court”); Having regard to the decision in this case, transmitted by the Court to the Committee; Recalling that the applicants’ complaints in this case concerned the length and the outcome of civil proceedings (complaints regarding Articles 6, paragraph 1, of the Convention and 1 of Protocol No. 1); Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicants, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list; Whereas under this friendly settlement it was agreed that the government of the respondent state would pay the applicants 3 200 EUR, within three months as from the notification of the decision; Recalling that, pursuant to Article 39, paragraph 3, of the Convention as amended, the Court’s decision to strike out a case declared admissible shall be confined to a brief statement of the facts and of the solution reached; Having invited the government of the respondent state to inform the Committee of the measures taken to comply with the Court’s decisions in fulfilment of its obligation under Article 46, paragraph 1, of the Convention; Having examined the information provided in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention; Having satisfied itself that on 9 December 2010, within the time-limit agreed under the terms of the friendly settlement, the government of the respondent state paid the applicants the sum provided in the friendly settlement and that no other measure was required in this case to comply with the Court’s decision; DECLARES that it has exercised its functions under Article 39, paragraph 4, of the Convention with respect to the commitments subscribed to in this case and DECIDES to close its examination. Adopted by the Committee of Ministers on 8 June 2011 at the 1115th Meeting of the Ministers’ Deputies BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2011/1281.html