States need to adopt adequate legislation and allocate appropriate resources to ensure the execution of domestic judicial decisions, including those delivered against it and its entities. They also need to anticipate possible needs for the introduction of domestic remedies in case of non-execution or slow execution of such decisions as required by the European Convention on Human Rights.
These were some of the conclusions of the round table “Effective remedies against non-execution or delayed execution of domestic court decisions” held in Strasbourg on 15-16 March. The round table was organised by the Council of Europe’s Department for the execution of the judgments of the European Court of Human Rights within the framework of a project funded by the Human Rights Trust Fund.
Participants highlighted that where the problem of non-execution or slow execution is a systemic one, the introduction of domestic remedies, while important, cannot in itself constitute a long-lasting solution. Such situations require the adoption of comprehensive integrated domestic strategies, involving all actors and decision-makers concerned (in the spirit of the Council of Europe Committee of Ministers’ Recommendation (2008)2 on efficient domestic capacity for rapid execution of judgments of the European Court of Human Rights).
The participants also recognised the importance of developing, as early as possible, appropriate interactions between the domestic and the European levels when designing such comprehensive national strategies in the wake of violations of the Convention.
This round table was the third in a series addressing the problem of non-execution or delayed execution of domestic courts judgments, which is today one of the most important systemic problems under the European Convention on Human Rights, continuously generating large numbers of applications to the European Court of Human Rights.
The round table brought together high-level representatives from Albania, Azerbaijan, Bosnia and Herzegovina, Croatia, Greece, Moldova, Poland, Romania, the Russian Federation, Serbia and Ukraine, and members of relevant Council of Europe bodies – including judges from the Strasbourg Court and the European Commission for the Efficiency of Justice (CEPEJ). Special attention was paid to the recent Committee of Ministers’ Recommendation (2010)3, adopted on 24 February 2010, on effective remedies for excessive length of proceedings, notably at the execution stage.
Key documents
- Conclusions
- Konkluzionet (Albanian)
- nəticələr (Azerbaijani)
- Zaključci (Bosnian)
- Zaključci (Croatian)
- Выводы (Russian)
- CM/Rec(2010)3
Recommendation of the Committee of Ministers to member states on effective remedies for excessive length of proceedings (adopted by the Committee of Ministers on 24 February 2010 at its 1077th Session)
