The execution of the European Court’s judgments requires States to take appropriate individual measures to put an end to violations and remedy their consequences. Reopening of domestic judicial proceedings can constitute an essential, and in some cases the only, means of achieving restitutio in integrum for applicants affected by a violation of the Convention.
Against this background, the factsheet provides an overview of the general principles governing reopening, together with examples of national practice examined by the Committee of Ministers in the context of the execution of the European Court’s judgments. Covering violations of a wide range of Convention rights - from the right to life, the prohibition of torture and the right to a fair trial to private and family life, freedom of expression and assembly, non-discrimination and property rights - it illustrates how member States have used reopening to remedy the consequences of violations and restore, as far as possible, the situation existing before those violations.
This updated factsheet is the latest in a series of thematic factsheets on changes to national law, policy and practice across Europe linked to the implementation of the European Court’s judgments. Other factsheets address a wide range of issues, including pilot judgments, excessive length of proceedings, the independence and impartiality of the judicial system, freedom of expression, freedom of assembly and association, children’s rights, migrants and asylum, reproductive rights and data protection.
