Interim Resolution CM/ResDH(2024)119
Execution of the judgments of the European Court of Human Rights
Gazsó group v. Hungary
(Adopted by the Committee of Ministers on 13 June 2024
at the 1501st meeting of the Ministers’ Deputies)
Application
Case
Judgment of
Final on
48322/12
GAZSÓ GROUP
(List of cases CM/Notes/1501/H46-16-app)
16/07/2015
16/10/2015
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”);
Recalling that this group of cases, the first of which became final in 2003, concerns the structural problem of excessive length of civil, criminal, and administrative proceedings and the lack of effective domestic remedies, and that in view of the scale of the problem the Court delivered a pilot judgment in the Gazsó case which set 16 October 2016 as the deadline for the introduction of an effective domestic remedy or combination of such remedies;
Recalling that following the entry into force of the 2021 act introducing a compensation scheme for excessively long contentious civil proceedings and the Court’s inadmissibility decision in Szaxon v. Hungary (No. 54421/21) considering it as an effective remedy, the Committee decided to end its supervision of this aspect of the general measures required under this group of cases;
Noting with deepest concern that no information has been received on any developments regarding the outstanding remedies for criminal, administrative, and non-contentious civil proceedings;
Reiterating that more than ten years after the Court’s clear call on the authorities in the case of Barta and Drajkó, and seven years after the expiry of the deadline set by the Court in its pilot judgment, progress needs to be urgently achieved regarding these issues;
Emphasising the legal obligation of every State, under the terms of Article 46, paragraph 1, of the Convention to abide by the final judgments of the European Court in any case to which they are a party, fully, effectively, and promptly;
NOTED WITH GRAVE CONCERN the continued absence of a reaction to the Committee’s decisions regarding the outstanding criminal, administrative, and non-contentious civil compensatory remedies;
STRONGLY URGED the authorities to intensify their efforts in these respects and provide the Committee with a concrete timetable for the legislative process for administrative and criminal remedies without further delay;
STRONGLY CALLED UPON them to find a solution ensuring that all kinds of civil proceedings falling under the scope of Article 6 of the Convention (in particular non-contentious proceedings) are covered by a remedy;
INVITED the authorities to submit an updated action plan, including information on all outstanding issues, by 1 December 2024 at the latest, and decide to resume the examination of this group of cases at its March 2025 Human Rights meeting at the latest.