Resolution CM/ResDH(2018)109
Execution of the judgments of the European Court of Human Rights
21 cases against Romania
(Adopted by the Committee of Ministers on 15 March 2018 at the 1310th meeting of the Ministers’ Deputies)
Application no
Case
Judgment of
Final on
27444/03
BABEI AND CLUCERESCU
23/06/2009
23/09/2009
37380/03
BALCAN
29/07/2008
29/10/2008
37805/05
COSTĂCHESCU
29/09/2009
24/01/2012
29/12/2009
24/04/2012
36297/02
DARNAI
08/12/2009
10/05/2010
25765/04
DELCA
04/11/2008
06/07/2009
2456/05+
GHIŢOI AND OTHERS
13/10/2009
13/01/2010
13386/02
MOLDOVEANU
29/07/2008
29/10/2008
67344/01+
MUSTEAŢĂ AND OTHERS
06/10/2009
06/01/2010
49182/06
NISTOR
28/06/2011
28/06/2011
26004/03
NIŢESCU
24/03/2009
24/06/2009
1486/02
ORHA
12/10/2006
04/11/2008
12/01/2007
04/11/2008
24714/03
PAICU
25/11/2008
25/02/2009
5050/02
PÂNTEA ELISABETA
15/06/2006
15/09/2006
34860/02
PIŞTIREANU
30/09/2008
30/12/2008
1690/05
POPA AURELIA
26/01/2010
26/04/2010
16294/03
S.C. BARTOLO PROD COM SRL AND BOTOMEI
21/02/2012
21/05/2012
29268/03
S.C. GHEPARDUL S.R.L.
14/04/2009
14/07/2009
35877/05
S.C. PRODCOMEXIM S.R.L.
27/10/2009
27/01/2010
67289/01
ŞANDOR
24/03/2005
24/06/2005
28333/02
SC RUXANDRA TRADING SRL
12/07/2007
02/12/2008
12/10/2007
02/03/2009
40263/05
STRĂCHINARU
21/02/2008
21/05/2008
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established on account of the failure or the delay by the State or legal entities under its responsibility to abide by final domestic court decisions (violations of Article 6 § 1 and/or 1 of Protocol No. 1);
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the information provided by the government indicating the individual measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)82);
Considering that the question of individual measures has been resolved in these cases, given that the domestic court decisions at issue were implemented either before or after the date of the European Court’s judgments or that implementation is no longer possible due to objective circumstances;
Recalling also that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the judgments of the Săcăleanu group of cases which remain under the supervision of the Committee, and that the closure of the cases listed above in no way prejudges the Committee’s evaluation of the general measures required to resolve the problem of non-implementation or delay in the implementation of domestic court decisions by the State or by legal entities under its responsibility;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and
DECIDES to close the examination of these cases.
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