Resolution CM/ResDH(2020)40
Execution of the judgments of the European Court of Human Rights
11 cases against Slovak Republic
(Adopted by the Committee of Ministers on 5 March 2020
at the 1369th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
30255/09
BITTÓ AND OTHERS
28/01/2014
07/07/2015
28/04/2014
07/10/2015
19294/07
KRAHULEC
05/07/2016
05/10/2016
23785/07
BUKOVČANOVÁ AND OTHERS
05/07/2016
05/10/2016
38082/07
RUDOLFER
05/07/2016
05/10/2016
44218/07+
RIEDEL AND OTHERS
10/01/2017
10/04/2017
62864/09
MEČIAR AND OTHERS
10/01/2017
10/04/2017
33076/10+
MATUSCHKA AND OTHERS
27/06/2017
27/06/2017
46609/13+
BAJZÍK AND OTHERS
27/06/2017
27/06/2017
47922/14+
DRAHOŠ AND OTHERS
09/01/2018
09/01/2018
51414/11+
BALAN AND OTHERS
27/06/2017
17/07/2018
27/06/2017
17/07/2018
2294/17+
KOŠŤÁL AND OTHERS
05/03/2019
03/12/2019
05/03/2019
03/12/2019
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 these cases and to the violations established concerning the limitations on the use of the applicants’ property as a result of the application of the rent-control scheme (violations of Article 1, Protocol No. 1);
Recalling that the Court observed that the authorities had taken measures providing for complete elimination of the effects of the rent-control scheme on flat owners only as from 2017 and that in order to provide for compensation for the period prior to the adoption of those measures, the respondent State was to introduce a specific compensatory remedy;
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 action report provided by the government indicating the 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(2020)49);
Having noted during the execution process that the number of owners affected by the problems raised in the Bitto and others judgment was limited and that the European Court had ruled on their applications; having also noted in this regard the Government’s undertaking to explore all the possibilities of concluding a friendly settlement or of presenting a unilateral declaration, in conformity with the Court’s criteria, should, despite this finding, a similar application be brought before the European Court;
Noting therefore the authorities’ conclusion that, in the particular circumstances of these cases, the introduction of a specific compensatory remedy is no longer necessary, while regretting that they had not rapidly found a solution to compensate the owners concerned by the last five judgments of this group which could have been solved at the national level;
Having thus satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.
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