The Department for the Execution of Judgments of the European Court of Human Rights (ECHR) issued today a new thematic factsheet on reopening of domestic judicial proceedings following ECHR judgments.
A judgment in which the ECHR finds a breach imposes on the respondent State a legal obligation to put an end to the breach and make reparation for its consequences in such a way as to restore, as far as possible, the situation existing before the breach (principle of restitutio in integrum).
The need to improve the possibilities under national legal systems to ensure restitutio in integrum for the applicants has become increasingly apparent. Although the European Convention on Human Rights (the Convention) contains no provision imposing an obligation on States to provide in their national law for the re-examination or reopening of proceedings, the existence of such possibilities has proven to be important, and indeed in some cases the only, means to achieve restitutio in integrum.
The factsheet presents an overview of the general principles concerning reopening of domestic judicial proceedings, as well examples of the relevant State practice examined by the Committee of Ministers in the context of the execution of the ECHR judgments concerning various provisions of the Convention.
More information:
- Thematic factsheet - Reopening of Domestic Proceedings following ECHR Judgments
- Department for the Execution of Judgments of the European Court of Human Rights
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