Recommendation 2079 (2015)

Implementation of judgments of the European Court of Human Rights

Author(s): Parliamentary Assembly

Origin - Assembly debate on 30 September 2015 (33rd Sitting) (see Doc. 13864 and addendum, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Klaas de Vries). Text adopted by the Assembly on 30 September 2015 (33rd Sitting).

1. The Parliamentary Assembly, referring to its Resolution 2075 (2015) on the implementation of judgments of the European Court of Human Rights, strongly urges the Committee of Ministers to use all available means to effectively fulfil its tasks related to the supervision of the implementation of judgments of the European Court of Human Rights (“the Court”). It therefore calls on the Committee of Ministers to:

1.1. take firmer measures in case of dilatory and/or continuous non-compliance with Court judgments, including those foreseen in Article 46, paragraphs 3, 4 and 5, of the European Convention on Human Rights (ETS No. 5);

1.2. consider taking additional measures to improve the effectiveness of the supervision of the implementation of judgments;

1.3. involve, to a greater extent, applicants, civil society, national human rights institutions and other international intergovernmental organisations in the process of the implementation of Court judgments;

1.4. ensure greater transparency of this process.

2. Furthermore, independently of the above proposals, the Assembly recommends that the Committee of Ministers:

2.1. continue to implement the Brussels Declaration adopted on 27 March 2015 by the High-level Conference on the Implementation of the European Convention on Human Rights, our Shared Responsibility;

2.2. monitor the implementation of its decision of 19 May 2015 on “Securing the long-term effectiveness of the supervisory mechanism of the European Convention on Human Rights”;

2.3. continue to apply its new working methods in order to accelerate the implementation of Court judgments and reduce its backlog of cases;

2.4. enhance synergies, within the Council of Europe, between the Department for the Execution of Judgments of the European Court of Human Rights and all relevant stakeholders;

2.5. increase the resources of the Department for the Execution of Judgments of the European Court of Human Rights;

2.6. continue to liaise, where appropriate, with the Assembly to ensure rapid and effective implementation of the judgments of the Court.