Recommendation 1684 (2004)¹

Implementation of decisions of the European Court of Human Rights

The Parliamentary Assembly, referring to its Resolution 1411 (2004) on the implementation of decisions of the European Court of Human Rights, urges the Committee of Ministers:

i. to ensure without further delay that the Italian authorities rapidly take the necessary execution measures in respect of all outstanding judgments older than five years and in all cases where individual measures are urgently expected;

ii. to ensure that Italy adopts adequate legislation allowing the reopening of proceedings, and in particular in criminal cases, in order to give effect to findings of violations of the European Convention on Human Rights and creates the appropriate domestic mechanisms and procedures allowing for effective and systematic co-ordination between all competent authorities in the implementation of general measures required by the Court’s judgments;

iii. to intensify its pressure in the case of non-execution by member states due to unjustified delays, negligence or refusal;

iv. not to stop monitoring execution of a judgment until all the measures designed to remedy the situation responsible for the violation ascertained by the Court have been taken.

¹ Text adopted by the Standing Committee, acting on behalf of the Assembly, on 23 November 2004 (see Doc. 10351, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Jurgens).