Article 46 - Binding force and execution of judgments

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Cases selected for updating the Case-Law Guide.

Aydın Sefa Akay v. Türkiye, no. 59/17


Dismissal of the applicant’s request, under Article 46 of the Convention, for his immediate release.
Judgment | Legal Summary

Verein KlimaSeniorinnen Schweiz and Others v. Switzerland [GC], no. 53600/20


The adoption of measures aimed at ensuring that the national authorities comply with Convention requirements in the context of climate change.
Judgment | Legal Summary

Mehmet Zeki Doğan v. Türkiye (no. 2), no. 3324/19


Jurisdiction ratione materiae under Article 46 following the existence of a “new issue”.
Judgment | Legal Summary

Miranda Magro v. Portugal, no. 30138/21


Indication to take general measures due to structural issues arising in the context of the enforcement of preventive detention measures in prison facilities, in order to secure appropriate living conditions and the provision of suitable and individualised forms of therapy to mentally ill persons.
Judgment | Legal Summary

Ștefan-Gabriel Mocanu and Others v. Romania, no. 34323/21 and 8 others


Competence of the Court to examine the applications in that they relate to “new elements” compared to Mocanu and Others v. Romania [GC] and Respondent State invited to implement all necessary means to ensure a Convention-compliant investigation.

Wałęsa v. Poland, no. 50849/21


Respondent State required to take rapid and adequate measures to address systemic and interrelated problems connected with the malfunctioning of domestic legislation and practice.
Judgment | Legal Summary

Yüksel Yalçınkaya v. Türkiye [GC], no. 15669/20


Respondent state required to take general measures to address the systemic problem regarding domestic courts’ approach to the use of an encrypted messaging application.
Judgment | Legal Summary

Szolcsán v. Hungary, no. 24408/16


Respondent State required to take measures to end segregation of Roma pupils in a primary school.

Elmazova and Others v. North Macedonia, nos. 11811/20 and 13550/20


Respondent State required to take individual measures to end the segregation of Roma pupils in two State-run primary schools.
Judgment | Legal Summary

Sevdari v. Albania, no. 40662/19


Reopening of vetting proceedings, upon applicant’s request, and re-examination of the case in compliance with Article 8 requirements.
Judgment | Legal Summary

Văleanu and Others v. Romania, nos. 59012/17 and 29 others


Respondent State required to take further general measures to address continuing structural problem in restitution mechanism for property confiscated or nationalised by the communist regime. 
Judgment Legal Summary

H.F. and Others v. France [GC], nos. 24384/19 and 44234/20


Prompt examination required of repatriation requests with appropriate safeguards against any arbitrariness.
Judgment | Legal Summary

Proceedings under Article 46 § 4 of the Convention in the case of Kavala v. Türkiye, no. 28749/18


Second judgment in an infringement procedure for failure to abide by Court’s first judgment explicitly indicating applicant’s immediate release.
Judgment Legal Summary

Jurišić v. Croatia (No. 2), no. 8000/21


Previous finding of a violation of Article 8 and second application on the applicant’s prolonged inability to have contact with child (continuing violation).

Boutaffala v. Belgium, no. 20762/19


Striking-out decision not falling within ambit of Article 46, which concerns only final judgments of the Court.
Judgment | Legal Summary

Stoyanova v. Bulgaria, no. 56070/18


Court's indications in relation to violent/fatal homophobic attacks.
Judgment | Legal Summary

Taganrog LRO and Others v. Russia, nos. 32401/10 and 19 others


Respondent state required to take measures to secure the discontinuation of pending criminal proceedings against Jehovah’s Witnesses and release of all imprisoned.

Advisory opinion on the applicability of statutes of limitation to prosecution, conviction and punishment in respect of an offence constituting, in substance, an act of torture [GC], no. P16-2021-001


​Reopening of criminal proceedings in cases concerning torture and other forms of ill-treatment and the existence of statutes of limitation.
Advisory opinion | Legal Summary

Advance Pharma sp. z o.o v. Poland, no. 1469/20


Systemic dysfunction in judicial appointments procedure in the context of a legislative reform.
Judgment | Legal Summary

Nevzlin v. Russia, no. 26679/08


Applicant considering the reopening of the proceedings futile.

Ekimdzhiev and Others v. Bulgaria, no. 70078/12


General measures to supplement those which the State have already taken to execute following a previous judgement.
Judgment | Legal Summary

Tunikova and Others v. Russia, nos. 55974/16 and 3 others


Measures of protection for victims of domestic violence.
Judgment | Legal Summary

Abdi Ibrahim v. Norway [GC], no. 15379/16


Severance of mother-child ties. The paramount importance of the best interest of the child.
Judgment | Legal Summary

Stoyanov and Tabakov v. Bulgaria (No. 2), no. 64387/14


Second application concerning a violation of the same rights, in a subsequent period, during supervision of the execution of the first Court's judgement by the Committee of Ministers.

N. v. Romania (No. 2), no. 38048/18


General measures indicated in view of the findings of the Constitutional Court.
Judgment | Legal Summary

Serrano Contreras v. Spain (No. 2), no. 2236/19


Alleged unfairness of revision proceedings following ECHR judgment.
Judgment | Legal Summary

Willems and Gorjon v. Belgium, nos. 74209/16 and 3 others


Reopening of the proceedings. Findings of a violation after restoration of the case to the list (Article 37).  
Judgment | Legal Summary

Pintar and Others v. Slovenia, nos. 49969/14 and 4 others


Cancellation of shares and bonds affecting thousands of former holders in breach of their right to property.
Judgment | Legal Summary

Selahattin Demirtaş v. Turkey (No. 2) [GC], no. 14305/17


Respondent State to take all necessary measures to secure the applicant’s immediate release.
Judgment | Legal Summary

Guðmundur Andri Ástráðsson v. Iceland [GC], no. 26374/18


Execution of a finding of a violation concerning the right to a “tribunal established by law”.
Judgment | Legal Summary

Bagirov v. Azerbaijan, nos. 81024/12 and 28198/15


Committee of Ministers to supervise the adoption of measures aimed at restoring the applicant’s professional activities.
Judgment | Legal Summary

N.T. v. Russia, no. 14727/11


Systemic problem concerning the conditions of detention of life prisoners requiring reform of the regulatory framework.
JudgmentLegal Summary

Munteanu v. Romania (dec.), no. 54640/13


Dismissal on procedural grounds of request to reopen civil proceedings following European Court’s judgment finding violation of the Convention.
Decision | Legal Summary

J.M.B. and Others v. France, nos. 9671/15 and 31 others


Respondent State required to take general measures as concerns overcrowding in prisons and effective preventive remedy.
Judgment | Legal Summary

Sukachov v. Ukraine, no. 14057/17


Pilot judgment. Prison overcrowding. Conditions of detention and remedies.
Judgment | Legal Summary

Strazimiri v. Albania, no. 34602/16


Respondent State to provide appropriate living conditions and health care services to mentally ill persons.

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