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Monday, June 21, 2010

Monitoring arrangements and means used by the Committee of Ministers

Monitoring arrangements and means used by the Committee of Ministers

Once the Court’s final judgment has been transmitted to the Committee of Ministers (Article 46 § 2 of the Convention), the latter invites the respondent state to inform it of the steps taken to pay the amounts awarded by the Court in respect of just satisfaction and, where appropriate, of the individual and general measures taken to abide by the judgment (see the Rules adopted by the Committee of Ministers on this subject). Once it has received this information, the Committee examines it closely. After establishing that the state concerned has taken all the necessary measures to abide by the judgment, the Committee adopts a resolution concluding that its functions under Article 46 § 2 of the Convention have been exercised.

The Directorate General of Human Rights assists the Committee of Ministers in exercising this responsibility under the Convention. In close co-operation with the authorities of the state concerned, the Directorate considers the measures that should be taken to comply with the Court’s judgment. At the Committee of Ministers’ request, the Directorate offers its opinion and advice, which are based on the experience and practice of the Convention bodies.

In accordance with its well-established practice, until the state in question has adopted satisfactory measures, the Committee of Ministers does not adopt a final resolution striking the judgment off its list of cases, and the state continues to be required to provide explanations or to take the necessary action. During the examination of the case, the Committee may take various measures to facilitate execution of the judgment. It may adopt interim resolutions, which usually contain information concerning the interim measures already taken and set a provisional calendar for the reforms to be undertaken or encourage the respondent state to pursue certain reforms or insist that it take the measures needed to comply with the judgment.

If difficulties are encountered in executing the judgment, the Directorate General of Human Rights often examines possible solutions in greater detail with the authorities concerned.

The Committee of Ministers may fully exercise its influence to persuade the state concerned to comply with the Court’s judgments, not least by noting its failure to comply with the Convention and taking appropriate action. In practice, the Committee of Ministers very seldom needs to exert political and diplomatic pressure but functions rather as a forum for constructive dialogue, thus helping states find satisfactory solutions enabling them to execute the Court’s judgments.

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