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The implementation of judgments of the European Court of Human Rights

Recommendation 2110 (2017)

Author(s):
Parliamentary Assembly
Origin
Assembly debate on 29 June 2017 (26th Sitting) (see Doc. 14340, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Pierre-Yves Le Borgn'). Text adopted by the Assembly on 29 June 2017 (26th Sitting).
1 Referring to its Resolution 2178 (2017) on the implementation of judgments of the European Court of Human Rights, the Parliamentary Assembly welcomes the measures taken by the Committee of Ministers to improve the process of its supervision of the implementation of judgments of the Court.
2 The Assembly once again urges the Committee of Ministers to use all available means to fulfil its tasks under Article 46.2 of the European Convention on Human Rights (ETS No. 5, “the Convention”). Accordingly, it recommends that the Committee of Ministers:
2.1 give renewed consideration to the use of the procedures provided for in Article 46, paragraphs 3 to 5, of the Convention, in the event of implementation of a judgment encountering strong resistance from the respondent State;
2.2 make more frequent use of interim resolutions with a view to pinpointing the difficulties in implementing certain judgments;
2.3 tackle urgently systemic problems identified in pilot judgments delivered by the Court, with particular attention paid to all related cases;
2.4 do more work towards greater transparency of the process of supervising the implementation of judgments;
2.5 give applicants, civil society, national human rights protection bodies and international organisations a greater role in this process;
2.6 continue to strengthen synergies, within the Council of Europe, between all the stakeholders concerned, in particular the European Court of Human Rights and its Registry, the Assembly, the Secretary General, the Commissioner for Human Rights, the Steering Committee for Human Rights, the European Commission for Democracy through Law (Venice Commission) and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment;
2.7 increase the resources of the Department for the Execution of Judgments of the European Court of Human Rights;
2.8 encourage the Department for the Execution of Judgments to increase exchanges with the Court and its Registry and also to consult more with national authorities in cases where particular difficulties arise over the definition of implementation measures.
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