Resolution CM/ResDH(2021)206
Execution of the judgments of the European Court of Human Rights
Five cases against Malta
(Adopted by the Committee of Ministers on 16 September 2021
at the 1411th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
69287/14
GRECH AND OTHERS
15/01/2019
15/04/2019
3356/15
EDWARD ZAMMIT MAEMPEL AND CYNTHIA ZAMMIT MAEMPEL
15/01/2019
15/04/2019
55747/16
PORTANIER
27/08/2019
27/11/2019
41862/18
TESTAFERRATA BONICI AND OTHERS
30/06/2020
30/06/2020
29964/18
MONTANARO AND OTHERS
01/09/2020
01/09/2020
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 on account of infringement of property rights and lack of effective domestic remedies;
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 plan and the action report provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the European Court (see documents DH-DD(2021)384 and DH-DD(2021)646);
Considering that the question of individual measures was therefore resolved, given that the just satisfaction awarded by the European Court was paid and the properties in question had been returned to their owners or agreements between the owners and the tenants have been reached;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Apap Bologna/Ghigo and Amato Gauci groups of 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 infringement of property rights and lack of effective domestic remedies thereof;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and
DECIDES to close the examination of these cases.
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