Resolution CM/ ResDH ( 2020)300

Execution of the judgments of the European Court of Human Rights

Four cases against Albania

(Adopted by the Committee of Ministers on 8 December 2020

at the 1391st meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

609/07

PUTO AND OTHERS

20/07/2010

22/11/2010

50933/07

CALE

06/11/2012

06/11/2012

33704/09

SHEHU

06/10/2016

06/10/2016

34230/07

VALIO SHIPPING COMPANY

06/10/2015

06/10/2015

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 concerning the failure of the domestic authorities to execute final judicial decisions awarding the applicants damages against the State, and lack of an effective remedy in this respect (violations of Article 6, paragraph 1, Article 13 in conjunction with Article 6, paragraph 1, and Article 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 different 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)593 );

Having noted that the question of individual measures in these cases was resolved, given that the just satisfaction awarded by the Court, which included the sums of money that had been awarded by the final internal decisions, has been paid or that the final decisions have been enforced;

Having noted, in respect of the general measures, that important steps have been made in the execution process, in particular through the adoption of a wide range of legislative and practical measures to tackle the problem of non-enforcement of final judicial decisions ordering payment of State debts or performing of in-kind obligations by the State or State companies, as well as the adoption in 2017 of a general acceleratory and compensatory remedy for excessively long civil, criminal and administrative judicial proceedings and enforcement proceedings;

Having noted that the outstanding questions concerning the impact of the adopted measures on the effectiveness of the enforcement of final judicial decisions, as well as the specific issues of effectiveness of the acceleratory and compensatory remedy for excessively long enforcement proceedings continue to be examined in the cases of the Brahimaj group (Application No. 4801/13);

Having noted that the question of the general effectiveness of the acceleratory and compensatory remedy for excessively long civil, criminal and administrative judicial proceedings and enforcement proceedings and the related issue of the increase of the average length of judicial proceedings and case backlog in the past three years in Albania as a result of judicial posts becoming vacant following the vetting of judges, affecting in particular the Supreme Court and the Constitutional Court, continue to be examined in the Luli and Others group;

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

DECIDES to close the examination thereof.