Horizontal Facility for the Western Balkans and Türkiye

Back Strengthening Co-operation in the Execution of Judgments of the European Court of Human Rights

Mona ALGHAITH

Modified 2 Months ago.

Strengthening Co-operation in the Execution of Judgments of the European Court of Human Rights

Representatives of the Department for the Execution of Judgments of the European Court of Human Rights (ECtHR) of the Council of Europe met with relevant state institutions to discuss the execution of ECtHR judgments concerning Serbia.

The delegation met with the Agent of the Republic of Serbia before the ECtHR, who acts as the coordinator of the execution process in Serbia, and with representatives of the Ministry of Justice and the Ministry of Finance. The main topic of discussion was the execution of judgments from the Kačapor and Others group of cases, which pertain to the longstanding issue of non-enforcement of domestic court decisions relating to the debts of socially/state-owned companies. In the most recent decision of the Committee of Ministers regarding this group of cases, progress was noted, and at the meeting steps were discussed that need to be undertaken to complete the execution of these judgments.

Additionally, the execution of judgments related to the failure to comply with interim measures of the ECHR (Antić v. Serbia, Ali v. Serbia) was discussed. In response to these judgments, contact persons were appointed in the Ministry of Justice and the Ministry of Internal Affairs to ensure timely execution of the ECtHR's interim measures. The functioning of the new system in practice was discussed, as well as planned amendments to the Law on International Legal Assistance in Criminal Matters. Moreover, opportunities for changes to laws and practices concerning the confiscation of property in criminal and misdemeanour proceedings were considered, given that the ECtHR has issued several judgments against Serbia related to this issue. [1] Finally, the meeting also provided an opportunity to discuss possible legislative changes to ensure the execution of judgments in the cases of Kovač v. Serbia (hearing of the accused during extension of detention) and Boljević v. Serbia (impossibility of reopening paternity proceedings due to statute of limitations).

These meetings are part of the efforts of the action "Strengthening human rights protection in Serbia," aimed at supporting state institutions in the execution of judgments of the ECtHR through the provision of a platform for information exchange and coordination. The action is implemented within the framework of the joint programme of the European Union and the Council of Europe "Horizontal Facility for the Western Balkans and Turkey."

[1] Yaylali v. Serbia, Aksüngür and Others v. Serbia, Çobantur Turizm Ticaret ve Nakliyat Ltd. Şti. v. Serbia, Prenca v. Serbia.

Belgrade 3 June 2026

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What is the Horizontal Facility?

The joint European Union/Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye” (Horizontal Facility III) is a co-operation initiative and one of the results of the Statement of Intent signed on 1 April 2014 by the Secretary General of the Council of Europe and the European Union Commissioner for Enlargement and European Neighbourhood Policy, in which both Organisations agreed to further strengthen their co-operation in key areas of joint interest.

The programme is ongoing since 2016 and the third phase begun in January 2023 for a period of 48 months. The third phase of the programme (worth €41 million (85% funded by the EU, 15% by the CoE) keeps building on the results of the previous phases and it combines Beneficiary-specific and regional actions.

It enables the Beneficiaries to meet their reform agendas in the fields of human rights, rule of law and democracy and to comply with European standards, which is also a priority for the EU enlargement process.

Themes covered by the Horizontal Facility include:

strengthening justice
fighting corruption, economic crime and money laundering
promoting anti-discrimination and protection of the rights of vulnerable groups (including LGBTI, minorities and Roma) and
promoting and protecting freedom of expression and media

The Expertise Co-ordination Mechanism that provides legislative expertise and policy advice within the Council of Europe system remains also an important part of the programme available to all Beneficiaries.

The Horizontal Facility relies on the Council of Europe’s unique working methods, whereby tailor-made technical co-operation activities are based on conclusions and recommendations of the Council of Europe’s monitoring bodies highlight areas where improvements are needed in legislation and policies of the Beneficiaries to comply with the Organisation’s treaties and other standards.