Facts
The appellant Attilio Scattareggia had filed an appeal with the Appeals Commission of the Old Age, Survivors' and Disability Insurance for Persons Residing Abroad on 6 February 1974. At the time of the complaint about the delay in the proceedings on 4 April 1977, the appeal had still not been resolved, which would constitute a violation of Art. 6 of the ECHR. The Appeals Commission confirmed the long duration of the proceedings, but justified it with the high workload and staff shortages. The FJA had to assess whether the delay constituted a violation of the principle of the rule of law under Art. 4 Cst.Considerations
The court concluded that there was an unlawful delay in the proceedings, as the circumstances that led to the unreasonable prolongation were not objectively justified. Although the Appeals Commission had pointed to the high workload and staff shortages, timely organisational, procedural or personnel measures would have been necessary to improve the situation. Workload and…