Resolution CM/ResDH(2021)224

Execution of the judgments of the European Court of Human Rights

Two cases against Albania

(Adopted by the Committee of Ministers on 13 October 2021

at the 1414 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

63756/09

THEMELI

15/01/2013

15/01/2013

13620/10

TUSHAJ

15/01/2013

15/01/2013

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”,

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established on account of the failure of the public administration to abide by final court decisions ordering the reinstatement of the applicants to public service or payment of salary arrears, and the lack of an effective remedy in this respect (violations of Articles 6, paragraph1, 13 and 1 of Protocol No. 1);

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action plan provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)583 );

Considering that no further individual measures are required, given that the domestic decision for payment of salaries in the Themeli case was enforced and that the applicant in the Tushaj case resigned and was paid salary arrears in respect of the period until he resigned;

Recalling that the questions of general measures required in response to the shortcomings found by the Court in these cases continue to be examined within the framework of the Brahimaj case and the Memishaj and Luli and Others groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.