- EXECUTION OF JUDGMENTS
EXECUTION OF JUDGMENTS
According to Articles 46 and 39.4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the High Contracting Parties have undertaken to comply with final judgments of the European Court of Human Rights finding violations of the Convention, as well as with Court’s decisions taking note of friendly settlements.
The adoption of necessary execution measures is supervised by the Committee of Ministers of the Council of Europe, comprised of government representatives of 47 member states. The Committee is assisted by the Department for the Execution of Judgments of the Court, Directorate General of Human Rights and Rule of Law.
The states have a legal obligation to remedy the violations found but enjoy a margin of appreciation as regards the means to be used. The measures to be taken are, in principle, identified by the state concerned, under supervision of the Committee of Ministers. The Court can assist the execution process, in particular through the pilot-judgment procedure (used in case of major structural problems).
Measures to be taken may be of an individual or general nature.
For further information consult the GENERAL DESCRIPTION page.