Resolution CM/ResDH(2024)206
Execution of the judgments of the European Court of Human Rights
Five cases against Romania
(Adopted by the Committee of Ministers on 19 September 2024
at the 1507th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
75717/14
BRUDAN
10/04/2018
10/07/2018
14503/15
PALABIYIK
24/09/2020
24/09/2020
53183/07
NEGREA AND OTHERS
24/07/2018
24/10/2018
8717/15
PĂTRĂNCUŞ
30/03/2023
30/03/2023
62157/13
BECALI AND CIOFLINĂ
20/02/2024
20/02/2024
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 of Article 6, paragraph 1, of the Convention established on account of the excessive length of civil and criminal proceedings in all of them and of Article 13 of the Convention established on account of the lack of an effective remedy in this regard in the cases of Brudan, Palabiyik and Negrea and Others;
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 execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)777);
Considering that the question of individual measures was resolved, given that the civil and criminal proceedings have been terminated and that the just satisfaction, where awarded, was paid;
Recalling 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 Vlad and Others group of cases (No. 40756/06) also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the excessive length of civil and criminal proceedings and an effective domestic remedy in this regard;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that that no further individual measures are required in these cases;
DECIDES to continue to supervise the adoption of the necessary general measures concerning the excessive length of civil and criminal proceedings and the lack of an effective remedy in this regard in the Vlad and Others group of cases (No. 40756/06);
DECIDES to close the examination of these cases.