Execution of ECtHR Judgments: Supervision by the Committee of...

Summary: Summary and Key Information Execution of ECtHR Judgments: Supervision by the Committee of Ministers - Guide: Understanding how judgments are impleme...

Summary and Key Information

Execution of ECtHR Judgments: Supervision by the Committee of Ministers - Guide: Understanding how judgments are implemented is crucial for applicants who have won their case in Strasbourg.

1. The Binding Nature of Judgments

Under Article 46 of the ECHR, States undertake to abide by the final judgment of the Court. This obligation is not just moral; it is a legal duty under international law.

2. Who Supervises Execution?

The Committee of Ministers of the Council of Europe represents the executive body. It supervises the execution of judgments to ensure the State takes necessary measures.

Department for the Execution of Judgments: This specialized department assists the Committee by engaging in dialogue with the State.

3. Types of Measures Required

A. Individual Measures

Steps to put the applicant, as far as possible, in the position they would have been in had the violation not occurred (restitutio in integrum).

Payment of “Just Satisfaction” (damages).
Reopening of unfair criminal proceedings.
Restoration of property rights.

B. General Measures

Steps to prevent similar violations in the future.

Legislative changes (amending laws).
Administrative practice changes.
Training of judges and prosecutors.

4. The Supervision Process (Action Plans/Reports)

The Government must submit an Action Plan detailing the steps it intends to take. The Committee reviews this plan. Once all measures are taken, the Government submits an Action Report. If satisfied, the Committee adopts a Final Resolution closing the examination of the case.

5. Infringement Proceedings

In rare cases of refusal to implement, the Committee can refer the matter back to the Court (Art. 46 § 4).

Conclusion

Winning in Strasbourg is step one. Ensuring the judgment is executed effectively requires persistent follow-up with the Committee of Ministers mechanism.

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