Problem uresničevanja sodb Evropskega sodišča za človekove pravice : doktorska disertacija

slovenian

doktorska dela

2022

Articles 1 and 46 of the ECHR   European Human Rights Court   execution of ECtHR judgments   features of judgments   individual and general measures   possibilities for improving execution   Protocol No. 14 to the ECHR   supervision of execution

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

The Ph.D. thesis examines the problem of the execution of ECtHR judgments by looking at the fundamental features of ECtHR judgments and the supervisory procedure before the Committee of Ministers. It also looks for ways to promote the execution of ECtHR judgments in the context of Protocol No. 14 to the ECHR and identifies who can contribute to the implementation of ECtHR judgments and in what ways, both within and outside the Council of Europe’s framework. The dissertation also presents the results of a statistical analysis of the execution of cases and the tensions between the ECHR and national constitutions. Suggestions for improving the execution of judgments are also made. In the last part of the dissertation, first the principle of res interpretata is discussed and then the execution of ECtHR judgments in Slovenia. The study concludes with a synthetic explanation of the execution in a broader sense of ECtHR judgments.The dissertation is not limited to the issues of the formal procedure of supervision of the execution of ECtHR judgments before the Committee of Ministers and the relationship between the respondent state and the Committee of Ministers. It is a much broader study that explores the dimensions of the concept of the execution of judgments also outside this framework of supervision before the Committee. Based on the research undertaken, the thesis concludes that, concerning ECtHR judgments, we should strive for their widest possible execution, an approach that can help States to fulfil their obligation under Article 1 of the ECHR to respect the Convention's human rights. The ECtHR judgments can thus be implemented, i.e., executed in a broader sense, through: the internal precedential effect by the ECtHR, the principle of res interpretata, respect of the measures indicated in the judgments and the findings and measures of supervision procedure before the Committee of Ministers, activities of respondent State to comply with the final judgment of the ECtHR, formal supervision procedure before the Committee of Ministers, the infringement procedure and the procedure for the interpretation of judgment, and last but not least, through the activities of other stakeholders.

15.05.2023