New thematic factsheet on reopening of domestic judicial proceedings following the European Court’s judgments

Statue representing justice
21/10/22

The Execution Department issued today a new thematic factsheet on reopening of domestic judicial proceedings following the European Court’s judgments.

A judgment in which the European Court finds a breach imposes on the respondent State a legal obligation to put an end to the breach and make reparation for its consequences in such a way as to restore, as far as possible, the situation existing before the breach (principle of restitutio in integrum).

The need to improve the possibilities under national legal systems to ensure restitutio in integrum for the applicants has become increasingly apparent. Although the Convention contains no provision imposing an obligation on States to provide in their national law for the re-examination or reopening of proceedings, the existence of such possibilities has proven to be important, and indeed in some cases the only, means to achieve restitutio in integrum.

The present factsheet presents an overview of the general principles concerning reopening of domestic judicial proceedings, as well examples of the relevant State practice examined by the Committee of Ministers in the context of the execution of the European Court’s judgments concerning various provisions of the Convention.

All thematic factsheets

 
 

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