Resolution CM/ResDH(2016)357
Execution of the judgment of the European Court of Human Rights
Marini against Albania
Application
Case
Judgment of
Final on
3738/02
Marini
18/12/2007
07/07/2008
(Adopted by the Committee of Ministers on 8 December 2016 at the 1273rd meeting of the Ministers’ Deputies)
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 violations of Article 6, paragraph 1, Article 13 and of Article 1 Protocol No.1 to the Convention established therein on account of the excessive length of proceedings, failure of the authorities to enforce the decisions in the applicant’s favour and lack of effective remedy in this respect;
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 noted that the just satisfaction has been paid by the government of the respondent State and that the impugned proceedings at issue in this case were terminated;
Noting with satisfaction the general measures taken to address the issue of the lack of access to the Constitutional Court in case of tied vote, reported in the action plan in the Luli group of cases
(DH-DD(2016)1188);
Noting finally that the general measures required in response to the other aspects of violations of Article 6, 13 and Article 1 Protocol No. 1 of the Convention established in this case are examined in the group of cases Luli and in the group Puto;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
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