Consideraţii teoretice privind executarea hotărârilor CtEDO//Theoretical Considerations Regarding the Enforcement of the Judgements of the ECHR

Abstract

As a member of the Council of Europe, Romania accepts and submits to the jurisdiction of the European Court of Human Rights. The judgments of the Court regarding the breach of rights established by the Convention or by the Additional Protocls by the Romanian State are mandatory, which determins the necessity to adopt general and individual measures in order to ensure the compliance with conventional standards. Therefore, the concrete impact that the jurisprudence of the Court has on national law is measured by the way in which the enforcement of the Court`s judgements is carried out. In the absence of concrete and functional instruments which possess the ability to ensure expeditious and conform enforcement of the Court`s judgements, the entirety of the conventional system would be deprived of efficiency. Thus, initially, through this research paper, the theoretical elements regarding the enforcement mechanism of the judgements of the Court in Romania, under the monitoring of the Committee of Ministers of the Council of Europe, will be presented and analyzed. Secondarily, concrete and representative examples for this stage of a procedure in front of the Court will be laid out.

Keywords

• council of europe
• committee of ministers
• enforcement
• case law.