Supporting Effective Domestic Remedies and Facilitating the Execution of ECtHR Judgments (D-REX)
As part of the European Union and Council of Europe cooperation framework “Horizontal Facility for the Western Balkans and Turkey”(Horizontal Facility), the Council of Europe implements the Action “Supporting effective domestic remedies and facilitating the execution of ECtHR judgments in Albania, in close partnership with the Ministry of Justice, the Constitutional Court, the High Court, the General Prosecution Office, the Magistrate School, the Office for the Treatment of Property, the School of Advocacy, Bailiff Services and Civil Society Organisations active in this field.
On 1 January 2017, the European Court of Human Rights (ECtHR) counted 504 pending applications from Albania. During 2016 the Court dealt with 66 applications concerning Albania, of which 44 were declared inadmissible or struck out. The Court delivered 10 judgments (concerning 22 applications), which found at least one violation of the European Convention on Human Rights. To this end, an assessment followed by the design and implementation of training programmes on the standards of the European Convention of Human Rights (ECHR) will be implemented. Following the recommendations of the 2016 EU Progress Report under Chapter 23, this Action also supports the revision of domestic regulations to ensure the effective enforcement of domestic judgments and administrative decisions.
The overall objective of the Action is to improve the capacity of the judiciary to apply the ECtHR case law at the national level, as well as to enable legal professionals to effectively apply remedies related to non-enforcement of national judgments closely targeting undue length of proceedings (outcome 1), property compensation/restitution (outcome 2), and fairness of criminal proceedings (outcome 3).
Outcomes and expected outputs for each outcome
Outcome 1: the set-up of effective domestic remedies for non-enforcement of national judgments/decisions and length of proceedings under the ECHR is supported
Expected results under outcome 1
- The shortcomings concerning the non-enforcement of national judgments/decisions and length of proceedings and to propose national effective remedies are identified;
- The capacity of the School of Magistrates to develop and implement human rights training curricula and materials in line with European human rights standards is strengthened;
- Capacities of legal professionals to interpret and apply the provisions of Article 6§1 of the ECHR are strengthened.
Outcome 2: the establishment of an effective mechanism for the execution of judgments and administrative decisions in context of compensation/ restitution of property is supported
Expected results under outcome 2
- Requirements to render the mechanism to execute judgments in relation to compensation or restitution of property are effective and clear;
- Legislative measures concerning non-execution of judgments and administrative decisions in context of compensation/restitution of property are accessed;
- Knowledge of legal professionals on the issue of enforcement of judgments in the context of compensation/restitution of property is improved.
Outcome 3: the reopening of domestic proceedings due to the ECHR findings for unfairness is in line with European standards is supported
Expected results under outcome 3
- Amendments for the national criminal legislation allowing for the reopening of criminal proceedings in case of violation of the right to fair trial are proposed;
- The capacity of the School of Magistrates to train judges and prosecutors on the reopening of criminal proceedings and fair trial is strengthened;
- The capacity of judges and prosecutors to apply the requirements of Article 6 of the ECHR and the relevant case law of the ECtHR with regards to the fairness and reopening of criminal proceedings is strengthened.
Duration of the Action
20 months (1 December 2016 – 30 July 2018)
The Ministry of Justice (the Office for the Treatment of Property), the Constitutional Court, the High Court, the General Prosecution Office, the Magistrate School, the School of Advocacy and Civil Society Organisations active in this field