The implementation of judgments of the European Court of Human Rights

Nonfiction, Reference & Language, Law, Jurisprudence, International, Social & Cultural Studies, Political Science
Cover of the book The implementation of judgments of the European Court of Human Rights by Council of Europe, Council of Europe
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Author: Council of Europe ISBN: 9789287185860
Publisher: Council of Europe Publication: January 17, 2018
Imprint: Council of Europe Language: English
Author: Council of Europe
ISBN: 9789287185860
Publisher: Council of Europe
Publication: January 17, 2018
Imprint: Council of Europe
Language: English

Delays in implementing the Court’s judgments, lack of political will in certain states parties, attempts to discredit the Court… In ratifying the European Convention on Human Rights, the signatory states accept the Court’s jurisdiction and authority and “undertake to abide by the final judgment of the Court in any case to which they are parties” (Article 46 of the Convention). While certain member states have made real progress in implementing the judgments of the European Court of Human Rights, some others face serious structural and political problems forming real “pockets of resistance” that delay or prevent the execution of judgments. The Committee of Ministers is still supervising the execution of some 10 000 judgments, although they are not all at the same stage of implementation. This publication highlights the difficulties in implementing certain judgments encountered in the 10 countries which have the highest number of non-implemented judgments against them (Italy, the Russian Federation, Turkey, Ukraine, Romania, Hungary, Greece, Bulgaria, the Republic of Moldova and Poland). It also analyses judgments whose execution raises complex political issues.

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Delays in implementing the Court’s judgments, lack of political will in certain states parties, attempts to discredit the Court… In ratifying the European Convention on Human Rights, the signatory states accept the Court’s jurisdiction and authority and “undertake to abide by the final judgment of the Court in any case to which they are parties” (Article 46 of the Convention). While certain member states have made real progress in implementing the judgments of the European Court of Human Rights, some others face serious structural and political problems forming real “pockets of resistance” that delay or prevent the execution of judgments. The Committee of Ministers is still supervising the execution of some 10 000 judgments, although they are not all at the same stage of implementation. This publication highlights the difficulties in implementing certain judgments encountered in the 10 countries which have the highest number of non-implemented judgments against them (Italy, the Russian Federation, Turkey, Ukraine, Romania, Hungary, Greece, Bulgaria, the Republic of Moldova and Poland). It also analyses judgments whose execution raises complex political issues.

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