Article 46 - Binding force and execution of judgments
All Updates
Cases selected for updating the Case-Law Guide.
Drozdyk and Mikula v. Ukraine, nos. 27849/15 and 33358/15
Invalidation of applicants’ titles to plots of land, which they used and owned for decades, as those lands fell within railway exclusion zones, without any compensation.
Judgment
Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and 38334/18
Respondent State to take measures to secure the safe return of the prisoners transferred from Crimea to penal facilities located on the Russian Federation’s territory.
Judgment | Legal Summary
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.
Judgment
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.
Judgment
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).
Judgment
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.
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
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.
Judgment
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.
Judgment
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.
Judgment | Legal 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.
Judgment