Individual measures

Individual Measures:
information from cases closed

In its judgment of 13 July 2000 ( 249), in the Scozzari and Giunta v. Italy case (39221/98), the Grand Chamber of the Court summarised states obligation to take general measures to prevent further violations and individual measures to remedy the effects of the violation on the applicant as follows:

by Article 46 of the Convention the High Contracting Parties undertook to abide by the final judgments of the Court in any case to which they were parties, execution being supervised by the Committee of Ministers. It follows, inter alia, that a judgment in which the Court finds a breach imposes on the respondent state a legal obligation not just to pay those concerned the sums awarded by way of just satisfaction, but also to choose, subject to supervision by the Committee of Ministers, the general and/or, if appropriate, individual measures to be adopted in their domestic legal order to put an end to the violation found by the Court and to redress so far as possible the effects (see, mutatis mutandis, the Papamichalopoulos and Others v. Greece (Article 50) judgment of 31 October 1995, Series A no. 330-B, pp. 58-59, 34). Furthermore, subject to monitoring by the Committee of Ministers, the respondent state remains free to choose the means by which it will discharge its legal obligation under Article 46 of the Convention, provided that such means are compatible with the conclusions set out in the Court's judgment.

Individual measures

If the violation continues to have adverse effects which have not been offset by the just satisfaction awarded to the applicant, the Committee of Ministers examines whether it is necessary for the national authorities to take individual measures. The aim is to put an end to any continuing violations and to redress, as far as possible, their effects (restitutio in integrum).

The individual measures depend on the nature of the violation and the applicants situation.

List of Individual measures adopted to remedy the effects of the violation on the applicant. Stock-taking of measures reported to the Committee of Ministers in its control of the execution of judgments and decisions under the Convention (Application of former Articles 32 and 54 and of Article 46): H-Exec(2006)2

(The latest up-date of the List of Individual measures adopted was made in April 2006, after 960th Committee of Ministers Human Rights meeting)

Link to General Measures