Casanovas v France, UN Human Rights Committee (1990) (excerpts)

Casanovas v France, UN Human Rights Committee Communication 441/1990 (excerpts)


7.3 The Committee recalls that the right to a fair hearing under article 14, paragraph 1, entails a number of requirements, including the condition that the procedure before the courts must be conducted expeditiously [ See the Committee's Views concerning communication No. 207/1986 ( Yves Morael v. France , Views adopted on 28 July 1989), paragraph 9.3.] . The Committee notes that in the instant case, the author, on 30 March 1989, initiated proceedings against his dismissal before the Administrative Tribunal of Nancy, and that the Tribunal, after having concluded the preliminary enquiry on 19 October 1989, rendered its judgment in the case on 20 December 1991.

7.4 The Committee notes that the author obtained a favourable decision from the Administrative Tribunal of Nancy and that he was reinstated in his post. Bearing in mind the fact that the Tribunal did consider whether the author's case should have priority over other cases, the Committee finds that the period of time that has elapsed from the submission of the complaint of irregular dismissal to the decision of reinstatement, does not constitute a violation of article 14, paragraph 1, of the Covenant.