Recommendation 2007 (2013) Final version

Ensuring the viability of the Strasbourg Court: structural deficiencies in States Parties

Author(s): Parliamentary Assembly

Origin - Assembly debate on 22 January 2013 (4th Sitting) (see Doc. 13087, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Kivalov). Text adopted by the Assembly on 22 January 2013 (4th Sitting).

1. The Parliamentary Assembly, referring to its Resolution 1914 (2013) on ensuring the viability of the Strasbourg Court: structural deficiencies in States Parties, urges the Committee of Ministers to continue to use all available means to ensure the viability of the European Court of Human Rights (“the Court”) and to that effect recommends that it:

1.1. consider further developing the Court’s HUDOC database into a comprehensive database of the Court’s case law, including cases pending before the Court and its own database on information concerning the implementation of Court judgments; the latter database should also include information on the Court’s recourse to the “pilot judgment” procedure and supervision procedures undertaken by the Committee of Ministers;

1.2. continue to afford priority treatment to the implementation of the Court’s pilot judgments and other judgments revealing structural problems;

1.3. consider the possibility of regularly providing statistical analyses with respect to progress made in the elimination of structural deficiencies, as identified by the Court and the Committee of Ministers;

1.4. ensure appropriate staff resources to the Secretariat dealing with the execution of judgments.

2. The Assembly reiterates its call in Recommendations 1764 (2006) and 1955 (2011) on the implementation of judgments of the European Court of Human Rights, to increase pressure and take firmer measures in cases of dilatory and continuous non-compliance with the Court’s judgments by State Parties.