Resolution CM/ ResDH (2020 )237

Execution of the judgments of the European Court of Human Rights

Gjyli against Albania

(Adopted by the Committee of Ministers on 3 December 2020

at the 1390 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

32907/07

GJYLI

07/12/2010

29/12/2009

07/03/2011

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 this case and to the violations established concerning the failure of the public administration in abiding by final court decisions ordering the applicant’s reinstatement and payment of his salary arrears, as well as the lack of an effective remedy in this respect (violations of Article 6, paragraph 1, and Article 13 in conjunction with Article 6, paragraph 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 measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)583 );

Having considered, in respect of the general measures, that tangible progress has been made in the execution process, in particular through the adoption of legislative and practical measures ensuring timely enforcement of final judicial decisions ordering reinstatement and payment of salary arrears and the establishment of remedies to complain about failure of the public administration to abide by final judgments, as well as the adoption in 2017 of a general acceleratory and compensatory remedy for excessively long civil, criminal and administrative judicial proceedings and for enforcement proceedings;

Having noted that the outstanding questions concerning the impact of the adopted measures on the enforcement of final judicial decisions ordering reinstatement and payment of salary arrears continue to be examined in the cases of the Memishaj group (Application No. 40430/08);

Having noted that the question of the effectiveness of measures adopted to tackle the problem with non-enforcement of final judicial decisions in general continues to be examined under the Brahimaj group (former Puto and Others group);

Having finally noted that the issue of effectiveness of the general acceleratory and compensatory remedy for excessively long civil, criminal and administrative judicial proceedings and for enforcement proceedings is entirely taken up in the context of the Luli and Others group, which remains under the supervision of the Committee;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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

DECIDES to close the examination thereof.