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Recommendation 2110 (2017)
The implementation of judgments of the European Court of Human Rights
1. Referring to its Resolution 2178 (2017) on
the implementation of judgments of the European Court of Human Rights,
the Parliamentary Assembly welcomes the measures taken by the Committee
of Ministers to improve the process of its supervision of the implementation
of judgments of the Court.
2. The Assembly once again urges the Committee of Ministers to
use all available means to fulfil its tasks under Article 46.2 of
the European Convention on Human Rights (ETS No. 5, “the Convention”).
Accordingly, it recommends that the Committee of Ministers:
2.1. give renewed consideration to
the use of the procedures provided for in Article 46, paragraphs
3 to 5, of the Convention, in the event of implementation of a judgment
encountering strong resistance from the respondent State;
2.2. make more frequent use of interim resolutions with a view
to pinpointing the difficulties in implementing certain judgments;
2.3. tackle urgently systemic problems identified in pilot
judgments delivered by the Court, with particular attention paid
to all related cases;
2.4. do more work towards greater transparency of the process
of supervising the implementation of judgments;
2.5. give applicants, civil society, national human rights
protection bodies and international organisations a greater role
in this process;
2.6. continue to strengthen synergies, within the Council of
Europe, between all the stakeholders concerned, in particular the
European Court of Human Rights and its Registry, the Assembly, the Secretary
General, the Commissioner for Human Rights, the Steering Committee
for Human Rights, the European Commission for Democracy through
Law (Venice Commission) and the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment;
2.7. increase the resources of the Department for the Execution
of Judgments of the European Court of Human Rights;
2.8. encourage the Department for the Execution of Judgments
to increase exchanges with the Court and its Registry and also to
consult more with national authorities in cases where particular
difficulties arise over the definition of implementation measures.