Taking the implementation of ECtHR judgments seriously : right assessment, wrong approaches?

Lambert-Abdelgawad, Elisabeth (2010) Taking the implementation of ECtHR judgments seriously : right assessment, wrong approaches? EHRAC bulletin (14). pp. 14-15.

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Abstract

This article critiques the latest proposals to reform the supervision process carried out by the Committee of Ministers in relation to the implementation of Strasbourg judgments. It is high time for State Parties to the ECHR to take the quick and full implementation of Strasbourg judgments seriously. Where political will does exist implementation has been satisfactory, and even swift. The workload of the Committee of Ministers (CoM) is increasing dramatically (as of June 2010 more than 9,000 cases were pending) and consequently the time taken for execution is rising and furthermore “the last few years have seen a significant increase in the number of cases relating to complex and sensitive issues”. The CoM does not have the power to sanction reluctant states to abide by judgments and interim resolutions have no concrete impact. The entry into force of Protocol 14 will be of no help, as infringement proceedings are not coupled with daily fines, unlike the practice of the European Court of Justice. If there is consensus that additional measures are indispensable and urgently required, which measures can tackle the right problems?

Item Type: Article
Uncontrolled Keywords: EHRAC bulletin; European Court of Human Rights; ECtHR; Committee of Ministers; CoM
Subjects: 300 Social sciences > 340 Law
Department: Guildhall School of Business and Law
Depositing User: Mary Burslem
Date Deposited: 29 Apr 2015 17:34
Last Modified: 29 Apr 2015 17:34
URI: http://repository.londonmet.ac.uk/id/eprint/564

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