Resolution CM/ResDH(2023)488
Execution of the judgment of the European Court of Human Rights
Roşiianu against Romania
(Adopted by the Committee of Ministers on 7 December 2023
at the 1483rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
27329/06
ROŞIIANU
24/06/2014
24/09/2014
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, and of Article 10 of the Convention established on account of the non-implementation of domestic court decisions handed down in 2005 and 2006, ordering a State authority to disclose to the applicant information under the freedom of information legislation;
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(2023)1252) and the information provided regarding the payment of the just satisfaction awarded by the Court;
Considering that the question of individual measures was settled, given that the just satisfaction for non-pecuniary damage and cost of expenses was paid and that the applicant appears to have lost interest in receiving the information whose disclosure had been ordered by the domestic courts;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Săcăleanu v. Romania group of cases, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the non-implementation or delayed implementation of domestic court decisions delivered against the State or legal persons under the responsibility of the State;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the general measures required to guarantee the voluntary and prompt implementation of domestic court decisions by the State and by legal persons under the responsibility of the State in the Săcăleanu v. Romania group of cases;
DECIDES to close the examination of this case.