A.-K. Dimopoulou, The Εxecution of Judgements of the European Court of Human Rights, 2019
The implementation of judgments constitutes one of the pillars of the Rule of Law and is inextricably linked to the quality of the administration of justice. From this starting point and keeping in mind that selective enforcement results in selective justice, the present paper focuses on the execution of judgments of the European Court of Human Rights (ECtHR). The paper attempts to look into the complex question of the binding effect that judgments have on Member States. Is the effect actually binding or does it on occasion remain “wishful thinking”? The study aims at examining the interrelated dimensions of the above-mentioned issue. To this end, it is divided into five parts. The first one focuses on pertinently presenting the existing implementation mechanism of the ECtHR’s judgments and reflecting on the role assumed by the political bodies engaged in the process. The second part examines the evolution of the implementation mechanism under the prism of the ECtHR’s jurisprudence. The third part is concerned with the underlying causes relating to the problem of defective or non-implementation including the ones encountered in interstate affairs. In the fourth part emphasis is put on the impact of the implementation of ECtHR judgments in the Greek legal order, as well as on reasoning on the way the supranational legislative text has affected the domestic practice and legislation, while adducing specific examples. In view of the fact that slow or non-implementation is a sore point in the Convention’s system, the study finally contemplates on potential means of amelioration that could endorse the effectiveness of the implementation system.
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IXAbstract
XIAbbreviations
1Introduction
IPART
The implementation mechanism of the judgments of the ECtHR
91. The notions of restitutio in integrum and just satisfaction
91.1 Towards a consistent practice of restitutio in integrum
111.2 The award of just satisfaction
131.3 Grant of pecuniary and non-pecuniary damages
152. The main bodies involved in the implementation mechanism of the ECHR
152.1 The function of the Committee of Ministers
172.2 The potential expulsion of Member States by the Committee of Ministers.
192.3 Reforms regarding the role of the Committee of Ministers: Recent developments regarding the initiation of infringement proceedings
232.4 Reflections on the involvement of the Committee of Ministers in the execution of judgments
252.5 The role of the Parliamentary Assembly of the Council of Europe
IIPART
The evolving course of the existing implementation mechanism under the ECtHR’s jurisprudence
331. Redress in the ECtHR - The required measures
331.1 Individual measures
351.2 General measures
371.3 Departure from the declaratory nature of the Court’s judgments
391.4 The extent of the Court’s competence
432. The pilot judgment procedure: its contribution to the implementation mechanism
432.1 Objectives
452.2 Weaknesses of the pilot judgment: extension of the timeframe
472.3 Judgment in Burmych and others v. Ukraine: signs of regress?
IIIPART
“Pathologies” in the execution of judgments
511. The non-execution of judgments in the Member States of the CoE
511.1 Limits to the binding effect of the judgments of the Court
531.2 The effect of res interpretata
541.3 Mapping the underlying reasons for defective or non-implementation of the ECtHR’s judgments
561.4 Political reasons and the inclusion of new Member States
601.5 Monistic and dualistic approach
611.6 Financial reasons
652. The particularities in the execution of interstate affairs
652.1 The scope of interstate applications
672.2 The Court’s jurisprudence in cases of armed conflicts
692.3 Just satisfaction in interstate cases
702.4 Alternative value of interstate cases
IVPART
The impact of the ECtHR judgments on the domestic legal order: An insight to the Greek paradigm
751.1 Constitutional amendments
771.2 Systematisation of legislative amendments and adopted general measures in response to the Court’s judgments
881.3 The implementation of the judgment of the Strasbourg Court by the Greek judge
VPART
Reflections on how to ensure the long-term effectiveness of the system
951.1 Prospects and challenges
951.2 The entry into force of Protocol 16: a challenge for the judicial dialogue
981.3 The adoption of sanctions
100Concluding Remarks
103Annex: Interview with Christos L. Rozakis, Emeritus Professor of the National and Kapodistrian University of Athens, former judge and Vice-President of the European Court of Human Rights
109Bibliography
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