The implementation of judgments of the European Court of Human Rights

Amendment No. 5 | Doc. 15123 | 22 January 2021

Committee

Committee on Legal Affairs and Human Rights

Signatories:

Mr Aleksandr BASHKIN, Russian Federation, NR ; Mr Leonid KALASHNIKOV, Russian Federation, UEL ; Mr Vladimir KRUGLYI, Russian Federation, NR ; Ms Irina RUKAVISHNIKOVA, Russian Federation, NR ; Mr Leonid SLUTSKIY, Russian Federation, NR ; Mr Petr TOLSTOI, Russian Federation, NR ; Ms Svetlana ZHUROVA, Russian Federation, NR

Origin

2021 - First part-session

In the draft resolution, paragraph 5, after the words:

"The Assembly is particularly concerned with the”, replace the rest of the paragraph with the following words:

“existing legal and political difficulties surrounding the implementation of the Court’s judgments, and notes that national legislative or administrative measures shall aid the process of implementation of the judgments of the European Court of Human Rights".

Explanatory note

The proposed clarifications seem to be steering states to take legislative and administrative measures aimed at enforcing the judgments of the European Court of Human Rights. In addition, these clarifications make allow to avoid repetition - the provision regarding the states’ obligation not to interfere with the execution of judgments of the European Court of Human Rights is formalized below (par. 8.5).