Resolution CM/ResDH(2019)224
Execution of the judgments of the European Court of Human Rights
12 cases against Romania
(Adopted by the Committee of Ministers on 25 September 2019
at the 1355th meeting of the Ministers’ Deputies)
Application No.
Case
Jugement of
Final on
23878/02
STRUNGARIU
29/09/2005
29/12/2005
35935/02
CONE
24/06/2008
24/09/2008
6098/03
DURDAN
26/04/2007
24/09/2007
23657/03
MICLICI
20/12/2007
20/03/2008
5060/02
MIHAESCU
02/11/2006
26/03/2007
12821/05
MUREŞANU
15/06/2010
15/09/2010
20763/03
VASILE NIŢESCU
21/04/2009
21/07/2009
32019/03
OCNEANU
29/07/2008
29/10/2008
9555/03
ŞTEFANESCU
11/10/2007
11/01/2008
24464/03
ŞURTEA
25/11/2008
25/02/2009
29762/02
TEODORESCU
29/07/2008
29/10/2008
35852/04
URSAN
06/04/2010
06/07/2010
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 the violations of Article 6, paragraph 1, of the Convention and of Article 1 of Protocol No. 1 due the failure or significant delay in abiding by final court decisions ordering the applicants’ reinstatement to posts previously held in public administrations or institutions and the payment of salary arrears and related contributions for the period they had been unemployed; having also regard to the violation of article 6, paragraph 1, found in Teodorescu, due to the quashing of a final court decision following an extraordinary appeal lodged by the Prosecutor General;
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 individual measures adopted to give effect to the judgments, including the information regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)187);
Considering that the question of individual measures has been resolved in these cases, given that the domestic court decisions were implemented either before or after the date of the Court’s judgments or that reinstatement was no longer possible due to objective circumstances, as established by the domestic courts;
Underlining that the closure of these cases in no way prejudges the Committee’s evaluation of the general measures required to resolve the problem of failure or delay by the State or by legal persons under its responsibility to abide by final court decisions, to be pursued in the framework of the Săcăleanu group of cases;
Noting that the questions related to the powers of the Prosecutor General to lodge extraordinary appeals in civil disputes were resolved in the context of the supervision of the Brumărescu group of cases (Final resolution CM/ResDH(2007)90);
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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