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States urged to tackle ‘structural problems’ overloading the Strasbourg Court

22.01.2013 – PACE has urged Council of Europe member states to come up with comprehensive strategies to end the “major structural problems” which are overloading the European Court of Human Rights with thousands of repetitive cases.

In a resolution on ensuring the viability of the Strasbourg Court, based on a report by Serhii Kivalov (Ukraine, EDG), the Assembly called for determined action to tackle “widespread dysfunctions” in certain countries – such as court proceedings taking too long, court rulings not being enforced, or a systematic failure to investigate deaths and disappearances.

The parliamentarians singled out Bulgaria, Greece, Italy, the Republic of Moldova, Poland, Romania, Russia, Turkey and Ukraine, among others, as having particular systemic problems which have led to delays in executing the Court’s judgments.

Speaking in the debate, Italy’s Justice Minister Paola Severino outlined a number of measures to reduce delays and improve the justice system that her country was taking.

PACE called on states to modify their laws to bring them into line with the Court’s case-law, raise awareness of the Convention, and work more closely with civil society. National parliaments could also play an increased role in monitoring implementation of Court judgments, it suggested.

For its part, the Committee of Ministers should “take firmer measures” with states that do not comply with Court judgments, the Assembly said.