Recommendation 1764 (2006)

Implementation of judgments of the European Court of Human Rights

Author(s): Parliamentary Assembly

Origin - Assembly debate on 2 October 2006 (24th Sitting) (see Doc. 11020Doc. 11020, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Jurgens). Text adopted by the Assembly on 2 October 2006 (24th Sitting).

1. The Parliamentary Assembly, referring to its Resolution 1516 (2006) on the implementation of judgments of the European Court of Human Rights, 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. reserve special treatment for the most important problems in the implementation of judgments, notably those identified in Resolution 1516 (2006) and to report to the Assembly as soon as possible on the results achieved towards resolving these problems;

2. improve co-ordination both between the Council of Europe's bodies and with the European Union and international institutions to ensure that the requirements of the Court's judgments are adequately reflected in – and supported by – their respective activities;

3. improve its communication policy in order to give important issues relating to the implementation of Article 46 (Binding force and execution of judgments) of the European Convention on Human Rights (ETS No. 5) the necessary visibility at European level and within the member states, at the same time ensuring that its work is more transparent and the resulting texts readily accessible;

4. induce member states to improve and where necessary to set up domestic mechanisms and procedures – both at the level of governments and of parliaments – to secure timely and effective implementation of the Court's judgments through co-ordinated action of all national actors concerned and with the necessary support at the highest political level;

5. increase pressure and take firmer measures in cases of continuous non-compliance with a judgment by a member state due to either refusal, negligence or incapacity to take appropriate measures.