Article 46 - Binding force and execution of judgments

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All Updates


Cases selected for updating the Case-Law Guide.

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

13/12/22

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

13/12/22

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

08/11/22

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

14/09/22

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

11/07/22

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

07/07/22

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


Boutaffala v. Belgium, no. 20762/19

28/06/22

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


Grosam v. the Czech Republic, no. 19750/13 (pending before the GC)

23/06/22

Execution of a finding of a violation concerning the right to an “independent and impartial tribunal”.
Judgment | Legal Summary


Stoyanova v. Bulgaria, no. 56070/18

14/06/22

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

07/06/22

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


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

26/04/22

​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

03/02/22

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


Nevzlin v. Russia, no. 26679/08

18/01/22

Applicant considering the reopening of the proceedings futile.
Judgment


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

11/01/22

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

14/12/21

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


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

10/12/21

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

07/12/21

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.
Judgment


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

16/11/21

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


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

26/10/21

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


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

21/09/21

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

14/09/21

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

22/12/20

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

01/12/20

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

25/06/20

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

02/06/20

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

11/02/20

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

30/01/20

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

30/01/20

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


Strazimiri v. Albania, no. 34602/16

21/01/20

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


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