Implementation of judgments of the European Court of Human Rights

Reply to Recommendation | Doc. 15324 | 21 June 2021

Author(s):

Committee of Ministers

Origin

Adopted at the 1407th meeting of the Ministers’ Deputies (16 June 2021). 2021 - Third part-session

Reply to Recommendation

: Recommendation 2193 (2021)

1. The Committee of Ministers has carefully examined Parliamentary Assembly Recommendation 2193 (2021) on “The implementation of judgments of the European Court of Human Rights”, which concludes with a recommendation to the Committee of Ministers to rapidly finalise its evaluation of the reform of the Convention system following the 2010 Interlaken high-level conference.

2. At its 130th Ministerial Session in Athens (4 November 2020), the Committee finalised its assessment in its decision on “Securing the long-term effectiveness of the system of the European Convention on Human Rights”. Evaluating the decade of reform it had steered since the Interlaken conference, the Committee welcomed the work undertaken by the States Parties and the effective measures adopted, in particular by the Court.

3. The Committee concluded that, whilst no comprehensive reform of the Convention machinery is now needed, further efforts should be pursued by the Council of Europe as a whole to ensure that the Convention system can continue to respond effectively to the numerous human rights challenges Europe faces, including through the efficient response of the Court to pending applications.

4. The Committee went on to identify a number of steps to be taken in order to pursue those further efforts many of which anticipate the measures evoked by the Assembly in its recommendation. Amongst the steps identified by the Committee, those of relevance to the Assembly’s recommendations include but are not limited to: agreeing to continue to enhance the efficiency of the process of supervision of execution of the Court’s judgments, particularly its Human Rights meetings, by further developing its working methods and means available; encouraging the development of enhanced synergy with the Court as well as with the other relevant Council of Europe stakeholders, in particular with the Parliamentary Assembly and the Commissioner for Human Rights; and encouraging States Parties which have not already done so to consider the establishment or strengthening of effective, pluralist and independent national human rights institutions.

5. Then, at its 131st Ministerial Session in Hamburg (21 May 2021), the Committee recognised the importance of securing the long-term effectiveness of the system of the European Convention on Human Rights in challenging times for the rule of law and human rights in democratic societies caused, inter alia, by the Covid-19 pandemic and the measures to combat its effects. Following up its decision taken at Athens, it reiterated the fundamental importance of an efficient supervision of the execution of judgments in order to ensure the long-term sustainability and credibility of the Convention system. Concerning the next steps to be taken, it instructed the Ministers’ Deputies to examine whether and how to enhance the tools available to the Committee to supervise cases of non-execution or persistent refusal to execute the final judgments of the Court and to examine questions arising from the process of the execution of judgments in cases relating to interstate disputes. It also called upon the States Parties to continue strengthening the implementation of the Convention at the national level in accordance with previous declarations on securing the long-term effectiveness of the system of the European Convention on Human Rights.