Resolution CM/ResDH(2021)46
Execution of the judgment of the European Court of Human Rights
Dumbravă 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
25234/03
DUMBRAVĂ
17/02/2009
17/05/2009
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 1 of Protocol No. 1 established on account of the non-implementation of a final domestic court decision delivered against 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 give effect to the judgment (see document DH-DD(2020)520) and the information provided regarding the payment of the just satisfaction awarded by the Court;
Considering that the question of individual measures was resolved, given that the just satisfaction for non-pecuniary damage was paid and the domestic decision has now been implemented in strict accordance with the Court’s indications in the operative provisions of the judgment;
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.
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