Non-implementation of the ECHR’s judgments

September 1st, 2016 § 0 comments


In his post of 23 August, the Commissioner for Human Rights of the Council of Europe Nils Muižnieks stated that there is a growing number of judgements of the European Court of Human Rights which are pending implementation by the member states of the Council of Europe. This is inconsistent with the rule of law which requires all judgements to be implemented promptly, fully and effectively. Moreover, the Commissioner emphasised that prolonged non-implementation of the Court’s decisions is a “challenge to the Court’s authority and thus to the Convention system” as a whole. As possible solutions to the problem, Mr. Muižnieks proposed: improving domestic implementation of the Convention thus reinforcing subsidiarity, improving the efficiency of the procedures before the Court, and improving the Committee of Ministers supervision of the implementation process.

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