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The implementation of judgments of the European Court of Human Rights

e-book


Delays in implementing the Courtā€™s judgments, lack of political will in certain states parties, attempts to discredit the Courtā€¦

In ratifying the European Convention on Human Rights, the signatory states accept the Courtā€™s jurisdiction and authority and ā€œundertake to abide by the final judgment of the Court in any case to which they are partiesā€ (Article 46 of the Convention).

While certain member states have made real progress in implementing the judgments of the European Court of Human Rights, some others face serious structural and political problems forming real ā€œpockets of resistanceā€ that delay or prevent the execution of judgments. The Committee of Ministers is still supervising the execution of some 10 000 judgments, although they are not all at the same stage of implementation.

This publication highlights the difficulties in implementing certain judgments encountered in the 10 countries which have the highest number of non-implemented judgments against them (Italy, the Russian Federation, Turkey, Ukraine, Romania, Hungary, Greece, Bulgaria, the Republic of Moldova and Poland). It also analyses judgments whose execution raises complex political issues.