The latest annual report from the Council of Europe’s Committee of Ministers on the implementation of judgments from the European Court of Human Rights has highlighted many positive developments whilst also underlining that the system faces a number of serious challenges.

The report shows that the Committee examined progress in a record number of 161 cases, or groups of cases, in 2021. A total of 1,122 cases were closed by the Committee, following the adoption of measures to implement judgments by member states, compared to 983 cases in 2020.

However, there was a significant increase (around 40%) in the number of new judgments delivered by the Court and forwarded to the Committee. As a result, the number of cases pending at end of 2021 rose to 5,533, including 1,300 “leading” cases often highlighting systemic or structural problems.

The preface to the report, written by the three Chairs of the Committee’s Human Rights meetings in 2021, notes that the challenges posed to the implementation process by such cases are likely to intensify, with the Court aiming to deliver more judgments in complex cases.

The Chairs also underline that the Russian Federation’s departure from the Council of Europe has consequences for the system, including the implementation of judgments. “The European Convention on Human Rights has a renewed importance in these very difficult and challenging times,” they underline.

The report includes an overview of major developments in 2021 written by the Council of Europe’s Director General of Human Rights and the Rule of Law. This notes many positive steps forward during the year, as well as the record number of communications received by the Committee from civil society organisations and National Human Rights Institutions.

At the same time, the overview stresses that the implementation process continues to face a number of serious challenges. These notably include member states’ limited capacity to rapidly implement the Court’s judgments and the growing number of particularly complex cases, including inter-state cases and judgments related to conflict situations.

The execution of the Court’s judgments happens “at home”, writes the Director General, stressing that there is an urgent need for member states to boost their capacity to enhance the implementation process at national level and provide timely information.

Background
Under Article 46 of the European Convention on Human Rights, judgments from the European Court of Human Rights are binding on the states concerned.

The Committee of Ministers oversees the execution of judgments on the basis of information provided by the national authorities concerned, NGOs and other interested parties.