Supervision of the Execution of the Judgments of the European Court of Human Rights, 2nd Annual Report 2008

Supervision of the Execution of the Judgments of the European Court of Human Rights, 2nd Annual Report 2008 PDF

Author: Council of Europe Staff

Publisher: Council of Europe

Published: 2009-01-01

Total Pages: 212

ISBN-13: 9789287166265

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This annual report presents the Committee of Ministers' activities in 2008 concerning the supervision of the execution of the judgments of the European Court of Human Rights. It underlines the very close links between good execution, the proper implementation of the European Convention on Human Rights in the Council of Europe's member states and the case-load of the European Court of Human Rights. The report contains an introduction by the Chairs of the special Human Rights meetings held by the Committee of Ministers to supervise the execution process and a number of remarks by the Director General of Human Rights and Legal Affairs regarding developments in 2008. The execution process and ongoing reform work are also described. Appendices present detailed statistical information, both in general and by state. An important appendix is the thematic overview of major developments in the execution of pending cases. Themes relate to such matters as actions of security forces, detention, aliens, the functioning of the judiciary, freedom of religion, expression and association, the right to property, discrimination, etc. The Committee of Ministers' recent Recommendation (2008)2 is also presented. This text provides a number of recommendations to member states to improve their capacity to implement the judgments of the European Court of Human Rights (e.g. to designate a co-coordinator of the execution process). This is the second report since the Committee of Ministers decided in 2006 to publish annual reports (see Rules of the new Rules for the supervision of the execution of judgments of the European Court of Human Rights and of the terms of friendly settlements). The first report, for 2007, was presented in March 2008.

The Execution of Judgments of the European Court of Human Rights

The Execution of Judgments of the European Court of Human Rights PDF

Author: Elisabeth Lambert-Abdelgawad

Publisher: Council of Europe

Published: 2008-01-01

Total Pages: 92

ISBN-13: 9789287163738

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An important provision of the European Convention on Human Rights is that in the event of a violation being found, not only is the state in question required to redress the consequences of the violation vis-á-vis the applicant - by such means as reopening of proceedings at the origin of the violation, reversal of a judicial verdict, discontinuation of expulsion proceedings or, where necessary, payment of a monetary award to the applicant; but it must also take general measures to prevent the repetition of the violation. These latter measures may take the form, for example, of a change in legislation, recognition of the Court's judgment in national case-law, the appointment of extra judges or magistrates to absorb a backlog of cases, the construction of detention centres suitable for juvenile delinquents, the introduction of training for the police, or other similar steps. This second edition continues to examine both individual measures and general measures taken by states in accordance with the Court's judgments and with the supervisory proceedings of the Committee of Ministers, as published in its human rights (DH) resolutions.

Supervision of the Execution of Judgements of the European Court of Human Rights

Supervision of the Execution of Judgements of the European Court of Human Rights PDF

Author:

Publisher:

Published: 2008

Total Pages: 264

ISBN-13:

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This first annual report on its supervision of the execution of the judgments of the European Court of Human Rights presents an overview of the issues and statistical information in the execution of the main cases before the Committee of Ministers in 2007. It contains a thematic overview of issues examined in 2007 (Appendix 1) and a statistical analysis (Appendix 2). It lists the final Resolutions (Appendix 3), the interim Resolutions (Appendix 4) as well as Memoranda and other relevant public documents (Appendix 5). information on the development of execution supervision.

The implementation of judgments of the European Court of Human Rights

The implementation of judgments of the European Court of Human Rights PDF

Author: Council of Europe

Publisher: Council of Europe

Published: 2018-01-17

Total Pages: 78

ISBN-13: 9287185859

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Delays in implementing the Court’s judgments, lack of political will in certain states parties, attempts to discredit the Court... In ratifying the European Convention on Human Rights, the signatory states accept the Court’s jurisdiction and authority and “undertake to abide by the final judgment of the Court in any case to which they are parties” (Article 46 of the Convention). While certain member states have made real progress in implementing the judgments of the European Court of Human Rights, some others face serious structural and political problems forming real “pockets of resistance” that delay or prevent the execution of judgments. The Committee of Ministers is still supervising the execution of some 10 000 judgments, although they are not all at the same stage of implementation. This publication highlights the difficulties in implementing certain judgments encountered in the 10 countries which have the highest number of non-implemented judgments against them (Italy, the Russian Federation, Turkey, Ukraine, Romania, Hungary, Greece, Bulgaria, the Republic of Moldova and Poland). It also analyses judgments whose execution raises complex political issues.