Supervision of the Execution of Judgments of the European Court of Human Rights
Name of Organization:
Type of Initiatives:
- Europe and CIS
The European Convention on Human Rights (ECHR) is the only example at international level where there is a systematic control of the execution by the State concerned of the decisions of the treaty body established, in this instance, the European Court of Human rights.
The Committee of Ministers is entrusted with the control of the execution of the Court's judgments (Article 46:2 of the European Convention on Human Rights). The Department for Execution of Court judgments assists the Committee of Ministers in this task. All judgments finding violations or otherwise containing undertakings by the States must therefore be 'processed' by the Department.
This involves notably the analysis of the domestic legal situation in general, and of draft legislation and changes of practice and case law in particular, in order to ensure that the consequences of the violations for the applicants are erased (e.g. through re-opening of domestic proceedings) and to verify that new violations are effectively prevented.
In this connection the Department also advises the Committee as to appropriate action to be taken in cases where, for different reasons, execution problems arise or delays occur. In this context, correspondence and contacts with delegations and applicants will be called for, as well as memoranda, legal opinions, draft interim Resolutions (e.g. identifying where further progress is expected) or draft final Resolutions closing the case. For each case at a human rights meeting, agenda notes have to be prepared.
Member States of the Council of Europe
Source of Data:
Using a combination of own and existing data
Type of Data Collection:
Specifications of type of data collection:
The Department for the Execution of Judgments of the European Court of Human Rights collects data from international and regional (intergovernmental, governmental and non-governmental) human rights organizations, as well as specialized legal literature of relevance to the supervision of execution of judgments by the States members of the Council of Europe (www.coe.int).
Measurement Methods / Tools Generated or Used :
Numbers of Interim and Final Resolutions regarding the execution of judgments of the European Court of Human Rights are found in the public Annotated Agendas of the Committee of Ministers Human Rights (DH) meetings.
List of Indicators:
The supervision of execution of judgments of the European Court of Human Rights consists of three basic indicators:
- Payment of any sums the European Court may award to an applicant by way of just satisfaction
- Individual measures required to be adopted by the respondent State for the applicant's benefit
- General measures required to be adopted by the respondent State to prevent further violations of a similar nature