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The implementation of judgments of the European Court of Human Rights

Amendment No. 2 | Doc. 14340 | 27 June 2017

Signatories:
Ms Leyla ŞAHİN USTA, Turkey, EC ; Ms Lütfiye İlksen CERİTOĞLU KURT, Turkey, EC ; Ms Emine Nur GÜNAY, Turkey, EC ; Mr Talip KÜÇÜKCAN, Turkey, EC ; Mr Suat ÖNAL, Turkey, EC ; Ms Zühal TOPCU, Turkey, EC ; Ms Serap YAŞAR, Turkey, EC
Origin
2017 - Third part-session
In the draft recommendation, replace paragraph 2.1 with the following paragraph:

"recall the exceptional nature of the use of the procedures provided for in Article 46, paragraphs 3 to 5 of the Convention, in the event of non-implementation of a judgment encountering strong resistance from the respondent State;"

Explanatory note

The procedures in question should be used as a last resort and only in exceptional circumstances. Frequent use of these procedures will only increase the workload of the Court. It will also weaken the role of the Committee of Ministers in implementing the Court judgements by unnecessarily prolonging the process.