The strategic perspective for the execution of judgments of the European Court of Human Rights
DOI:
https://doi.org/10.46991/BYSU:C/2023.14.2.011Keywords:
European Convention on Human Rights, European Court of Human Rights, strategic perspective, execution of judgments, interaction, national strategy, shared responsibility, rule of law, human rights, human rights standardsAbstract
Strategic aspects of execution of the European Court of Human Rights judgments are analyzed in this article.
In the author’s view, a strategic perspective matters also for the execution of judgments; State agencies should be armed with the ability to anticipate, prepare, and get positioned for further challenges. He suggests that there is an objective need to ensure the responsible involvement of relevant state bodies in the process of execution of judgments, clarifying the toolkit of interaction between them. With this view, several strategic steps are highlighted.
The author concludes that the adoption of a national strategy for interaction will increase the understanding of “shared responsibility” among state institutions within the process of the execution of judgments of the Strasbourg Court
References
See, e.g., Oxford Advanced Learner’s Dictionary, 7th ed., Oxford University Press, 2006, p. 1085 and Cambridge Dictionary (https://dictionary.cambridge.org/dictionary/english/perspective).
What Is Strategic Perspective? By Zach Lazzari, 3 June 2019, https://smallbusiness.chron.com/strategic-perspective-14365.html.
For more details on the execution of judgments of the ECtHR, see “The Execution of the Court’s Judgments” in Law of the European Convention on Human Rights, D.J. Harris, M. O’Boyle, E.P. Bates & C.M. Buckley, 3rd ed., Oxford University Press, 2014, pp. 180-199, “The Execution of Judgments” in The European Convention on Human Rights, Clare Ovey & Robin C.A. White, 4th ed., Oxford University Press, 2006, pp. 496-502, and “Enforcement of Judgments” in Taking a Case to the European Court of Human Rights, Philip Leach, 3rd ed., Oxford University Press, 2012, pp. 83-106.
Armenia joined the Council of Europe on 25 January 2001 (the country profile is available at https://www.coe.int/en/web/portal/armenia).
For brief information on the reforms undertaken within the execution of judgments of the ECtHR is presented at the website of Armenia’s Government Representation before the European Court of Human Rights, https://echr.am/en/legislative/legislativeammendments.html.
The Law on Representative on International Legal Matters, HO-141-N, adopted 10 July 2019.
Guide to good practice on the implementation of Recommendation CM/Rec(2008)2 of the Committee of Ministers on efficient domestic capacity for rapid execution of judgments of the European Court of Human Rights, (CDDH(2017)R87 Addendum I, as adopted by the Steering Committee for Human Rights (CDDH) at its 87th meeting, 6-9 June 2017 in Strasbourg, para. 17).
The effectiveness of the Armenian model of execution was also facilitated by the use of new working methods developed by the Committee of Ministers of the Council of Europe in 2011 (Human Rights Files, No. 19, p. 35, https://echr.am/resources/echr//pdf/1468c3fde0d097cf21fcbac9c153e028.pdf).
Guide to good practice on the implementation of Recommendation (2008)2 of the Committee of Ministers on efficient domestic capacity for rapid execution of judgments of the European Court of Human Rights (as adopted by the CDDH at its 87th meeting, 6–9 June 2017). See also: Report on measures taken by the member States to implement relevant parts of the Brussels Declaration (as adopted by the CDDH at its 91st meeting, 18–21 June 2019).
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