Resolution CM/ResDH(2024)165
Execution of the judgments of the European Court of Human Rights
Beşleagă and Others against Romania
(Adopted by the Committee of Ministers on 10 July 2024
at the 1504th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
35723/03+
BEŞLEAGĂ AND OTHERS
08/02/2018
21/02/2019
08/02/2018
21/02/2019
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 this case and to the violations established on account of the non-implementation or the delayed implementation of final domestic court decisions delivered against the State or legal persons under the responsibility of the State;
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 provide restitutio in integrum to the applicant Mr Beşleagă, namely the payment from State funds of the sum owed to him by a State-controlled company under a domestic court decision, with the statutory default interest calculated up to the date of the payment (see document DH-DD(2024)489);
Having noted the information confirming the payment of the just satisfaction awarded by the Court for pecuniary damage, non-pecuniary damage and/or costs and expenses to the two other applicant parties;
Considering that the question of individual measures was resolved in respect of all the applicants, as the domestic court decisions have either been implemented, or no longer need to be implemented, following the payment of the just satisfaction awarded by the Court for pecuniary damage to one of the applicants;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Săcăleanu v. Romania group of cases, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the non-implementation or delayed implementation of domestic court decisions delivered against the State or legal persons under the responsibility of the State;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning the non-implementation or delayed implementation of domestic court decisions delivered against the State or legal persons under the responsibility of the State within the framework of the Săcăleanu v. Romania group of cases;
DECIDES to close the examination of this case.