Resolution CM/ResDH(2021)45
Execution of the judgment of the European Court of Human Rights
Chiş against Romania
(Adopted by the Committee of Ministers on 11 March 2021
at the 1398th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
3360/03
CHIŞ
14/09/2010
21/02/2011
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 judgment transmitted by the Court to the Committee in this case and to the violation of Article 6, paragraph 1, established on account of the non-implementation of a final domestic court decision delivered against the State and of the delayed implementation of another decision against a legal person 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 latest information provided by the government indicating the individual measures adopted to give effect to the judgment (see documents DH-DD(2019)823 and DH-DD(2019)1395) and the information provided regarding the payment of the just satisfaction awarded by the Court, including default interest; having also examined the communications previously submitted by the applicant;
Noting that the domestic decision which remained non executed at the time of the Court’s judgment has now been complied with and that the applicant has obtained in domestic proceedings redress in respect of his complaints that some actions of the debtor State authority during the execution process had not been consistent with the State’s obligations under the Convention and the Court’s judgment;
Noting further that the applicant preserves the benefits deriving from the domestic decision implemented with delay at the time of the Court’s judgment, as the debtor has not persisted in its action to recover amounts it had paid pursuant to that decision and is now time-barred in doing so;
Considering, in light of the foregoing, that the question of individual measures has now been resolved;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Săcăleanu group of cases and underlining that the closure of this case in no way prejudges the Committee’s evaluation of the general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case as regards the individual measures and
DECIDES to close the examination of this case.
Full & Egal Universal Law Academy