CASE OF LEDONNE AGAINST ITALY (No. 1)

2025-09-17T00:00:00
Resolution CM/ResDH(2025)256 Execution of the judgment of the European Court of Human Rights Ledonne (No. 1) against Italy   (Adopted by the Committee of Ministers on 17 September 2025 at the 1537th meeting of the Ministers’ Deputies)     Application No. Case Judgment of Final on 35742/97 ledonne (no. 1) 12/05/1999 12/08/1999   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 final judgment transmitted by the Court to the Committee in this case and to the violation established of Article 6 of the Convention on account of the excessive length of criminal proceedings;   Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:   -          of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and -          of general measures preventing similar violations;   Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;   Having examined the action report provided by the government, indicating the measures adopted in order to give effect to the judgment (see document DH-DD(2025)751);   Noting with satisfaction the wide range of measures adopted by the Italian authorities, in particular since 2017 and under the National Resilience and Recovery Plan, to address the complex and long-lasting problem of excessively lengthy criminal proceedings thus preventing similar violations;   Welcoming the positive trends generated by these measures notably with regard to the elimination of the backlog of cases and the reduction of the average length of criminal proceedings at all three levels of jurisdiction which is now within acceptable parameters;   Considering also that the measures adopted and the progress achieved placed the criminal justice system on a sustainable and efficient path which can be expected to continue yielding further improvements in the years to come;   Expressing its expectation and confidence that the Italian authorities will remain vigilant and promptly implement all interventions which may become necessary to preserve and further build upon the progress achieved;   Recalling also that since 2001 an effective compensatory remedy is available in Italy to victims of excessively long proceedings;   Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and   DECIDES to close the examination thereof.