Serious challenges for ECHR judgments implementation highlighted in Council of Europe annual report

The latest annual report of the Committee of Ministers of the Council of Europe focuses on the serious challenges faced by the system of implementation of the decisions of the European Court of Human Rights.

According to the report, the Committee reviewed progress on a record 161 cases or groups of cases in 2021, and closed a total of 1,122 cases following measures taken to implement decisions by member states, compared to 983 cases in 2020.

However, there was a significant increase (around 40%) in the number of new judgments delivered by the Court and transmitted to the Committee. As a result, the number of cases pending at the end of 2021 increased to 5,533, including 1,300 “leading” cases that often highlight systemic or structural problems.

The preface of the report, drafted by the three chairs of the 2021 meetings of the Human Rights Committee, notes that the challenges posed to the application process by such cases are likely to intensify, with the Court aiming to issue more judgments in complex cases.

The Chairs also underline that the departure of the Russian Federation from the Council of Europe has implications for the system, including the implementation of judgments. “The European Convention on Human Rights has an renewed relevance in these very difficult times,” they stress in this regard.

The report includes an overview of the most important developments in 2021, by Christos Giakoumopoulos, the Director General of Human Rights and the Rule of Law of the Council of Europe. It highlights many positive steps forward during the year, as well as the record number of communications received by the Committee from civil society organisations and national human rights institutions.

At the same time, the overview highlights that the implementation process still faces some serious challenges. These include in particular the limited capacity of Member States to implement Court judgments rapidly and the increasing number of highly complex cases, including transnational cases and judgments relating to conflict situations.

The execution of Court judgments is done “at home”, writes the Director-General, stressing that there is an urgent need for Member States to strengthen their capacity to enhance the implementation process at national level and to provide timely information.

Source: Cyprus News Agency