Resolution CM/ResDH(2018)73
Execution of the judgment of the European Court of Human Rights
Mishgjoni against Albania
(Adopted by the Committee of Ministers on 15 March 2018
at the 1310th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
18381/05
Mishgjoni
7/12/2010
7/03/2011
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 violations established concerning the excessive length of disciplinary proceedings before the High Judicial Council and the lack of effective remedy in this respect (violations of Articles 6 and 13);
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 report provided by the government indicating the measures adopted to give effect to the judgment, including the information provided regarding the measures adopted to accelerate disciplinary proceedings before the High Judicial Council, as well as the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)1187-rev);
Having noted that the recent amendments to the Code of Civil Procedure provide for a possibility of obtaining compensation for excessive length of administrative proceedings and that the question of the effectiveness of this compensatory remedy is examined in the context of the Luli and Others group of cases, which remains under the supervision of the Committee;
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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