On June 6th 2006, the Court found in judgment Clement v. France (37876/02) a violation of article 6-1 of the Convention on the ground that the length of the disciplinary proceedings wasn’t “within reasonable time” and awarded him €5,000 for damages. In fact, it took more than 8 years (1995-2003) and 3 courts for the applicant to have a definitive decision on a disciplinary complain against him in Roubaix. The applicant was represented by Me Nadia Weiler-Strasser (Sarreguemines).

On September 15th 2010, the Committee of Ministers adopted a Resolution DH(2010)128 which found satisfying the general measures taken by the French government to prevent further violation of article 6-1 of the Convention. The first measure is that a chief inspector of the administrative justice might make recommendations upon request (art. R112-2 of the code of administrative justice). The second measure is according to the French government the law 2002-1138 of September 9th 2002. But according to the Me Nadia Weiler-Strasser (see below her opinion), none of this measures are preventing further violation of article 6-1.

Indeed, according to the statistics of the annual report 2010, the length of proceedings in 2009 was still on average 5 years and 1 month if the litigation reaches the 3 administrative courts (administrative tribunal, administrative appeal court and administrative supreme court).

The Committee of Ministers found also satisfying the new remedy (art.R311-1 of the code of administrative justice) to obtain damages in the administrative supreme court (conseil d’etat) following a violation of the right to “a hearing within a reasonable time”. But according to Me Nadia Weiler-Strasser (see below her opinion) the administrative supreme court is not an independent and impartial tribunal because his members are directly nominated by the executive (art.13 of the Constitution). who is the defendant in this litigation.

She added that damages awarded are very low. Her findings are confirmed by the decision Durand v. France (4912/10) in which the Court found that the damages awarded by the administrative supreme court are 50% lower than the ones awarded by the Court.

Since September 2005, according to the case-law database Legifrance, the administrative supreme court have only heard 28 cases. In 2010, the average length of this remedy was 16 months (on 4 cases).

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