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Resolution 2075 (2015)
Implementation of judgments of the European Court of Human Rights
1. The Parliamentary Assembly is duty-bound
to contribute to the supervision of the implementation of judgments
of the European Court of Human Rights (“the Court”), on which the
efficiency and the authority of the human rights protection system
established by the European Convention on Human Rights (ETS No.
5, “the Convention”) depends. Although the primary responsibility
for the supervision of the implementation of Court judgments lies,
according to Article 46.2 of the Convention, with the Committee
of Ministers, the Assembly can also play a key role in this process,
in particular by encouraging national parliaments to adopt a proactive
approach.
2. The Assembly recalls its previous work on this subject, in
particular its Resolutions
1516 (2006) and 1787
(2011) and Recommendations
1764 (2006) and 1955
(2011) on the implementation of judgments of the European
Court of Human Rights, its Resolution
1856 (2012) and Recommendation
1991 (2012) on guaranteeing the authority and effectiveness
of the European Convention on Human Rights, its Resolution 1914 (2013) and Recommendation 2007 (2013) on
ensuring the viability of the Strasbourg Court: structural deficiencies
in States parties, and Resolution
2055 (2015) and Recommendation
2070 (2015) on the effectiveness of the European Convention
on Human Rights: the Brighton Declaration and beyond.
3. It notes some progress in the implementation of Court judgments
since the entry into force of Protocol No. 14 to the Convention
(CETS No. 194) in June 2010 and the introduction, on 1 January 2011,
of the new working methods of the Committee of Ministers. It welcomes
the measures taken by the Committee of Ministers and other bodies
of the Council of Europe to improve this process, as well as the
increased interaction between the Committee of Ministers and the
Court, in particular through the procedure of pilot or “quasi-pilot”
judgments.
4. However, the Assembly remains deeply concerned about the considerable
number of non-implemented judgments pending before the Committee
of Ministers, which remains stable at nearly 11 000 cases. Many
of these cases concern structural problems in States parties, which
continue to generate numerous similar applications to the Court
(such as serious human rights violations committed by security forces,
poor detention conditions, excessive length of judicial proceedings,
non-enforcement of final domestic judicial decisions, disproportionate
restrictions on property rights and unlawful detention on remand).
5. The Assembly points out that, as underlined in Resolutions 1787 (2011) and 1914 (2013), Bulgaria, Greece,
Hungary, Italy, Poland, Romania, the Russian Federation, Turkey
and Ukraine have the highest number of non-implemented judgments
and still face serious structural problems which have not been solved for
more than five years.
6. The Assembly also notes that, in a number of other States
(including Albania, Armenia, Azerbaijan, Bosnia and Herzegovina,
Georgia, the Republic of Moldova, Serbia and the United Kingdom),
judgments revealing structural and other complex problems have not
been implemented since the Assembly adopted its Resolution 1787 (2011) in
January 2011.
7. The Assembly deplores the delays in implementation and the
lack of political will of certain States parties to implement judgments
of the Court. It urges all States parties to observe the legal obligation
stemming from Article 46.1 of the Convention and to fully and rapidly
implement Court judgments.
8. As underlined in 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, the Assembly calls
on States parties to fully implement the recommendations included
therein, and in particular to:
8.1. submit
action plans and action reports to the Committee of Ministers in
a timely manner;
8.2. create effective domestic remedies to address violations
of the Convention;
8.3. provide sufficient resources to national stakeholders
responsible for implementing Court judgments;
8.4. ensure a prompt response to judgments raising structural
problems;
8.5. take awareness-raising measures to promote Convention
standards;
8.6. hold parliamentary debates on the implementation of Court
judgments.
9. The Assembly calls on States parties to provide more funding
to Council of Europe projects aimed at improving the implementation
of judgments revealing structural problems, in particular through
the Human Rights Trust Fund and/or voluntary contributions.
10. The Assembly recalls its Resolution 1823 (2011) on national
parliaments: guarantors of human rights in Europe, and calls on
States parties to implement the “Basic principles for parliamentary
supervision of international human rights standards”, reproduced
in the appendix to that resolution.
11. The Assembly, mindful of the Brussels Declaration inviting
it to produce further reports on this subject, resolves to remain
seized of this matter and to continue to give it priority, in view
of the urgent need to accelerate the implementation of the Court’s
judgments.