Recommendation 1955 (2011) Final version

Implementation of judgments of the European Court of Human Rights

Author(s): Parliamentary Assembly

Origin - Assembly debate on 26 January 2011 (6th Sitting) (see Doc. 12455, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Pourgourides). Text adopted by the Assembly on 26 January 2011 (6th Sitting).

1. The Parliamentary Assembly, referring to its Resolution 1787 (2011) on the implementation of judgments of the European Court of Human Rights (“the Court”), strongly urges the Committee of Ministers to increase, by all available means, its effectiveness as the statutory guarantor of the implementation of the Court's judgments, and to that effect recommends that it:

1.1. ensure special priority treatment for the most important problems in the implementation of the Court’s judgments, notably the systemic problems identified in Resolution 1787 (2011), and regularly inform the Assembly of the results achieved towards resolving these problems;

1.2. induce States Parties to the European Convention on Human Rights with structural problems to provide comprehensive strategies which outline a clear and detailed approach to executing Court judgments, and ensure effective assessment of the adequacy of measures taken through such action plans;

1.3. ensure that governments improve and, where necessary, set up domestic mechanisms and procedures to secure timely and effective implementation of the Court's judgments through action of all national actors concerned, co-ordinated at the highest political level;

1.4. increase pressure and take firmer measures in cases of dilatory execution and/or continuous non-compliance with the Court’s judgments by states parties, and to work more closely on this subject with the Assembly;

1.5. ensure, in cases of persistent and flagrant disregard of the Court's case law, that recourse be made to Article 8 of the Council of Europe's Statute of 1949 (suspension/withdrawal from the Organisation).