Resolution CM/ ResDH (2020)248

Execution of the judgment of the European Court of Human Rights

Fazliyski against Bulgaria

(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

40908/05

FAZLIYSKI

16/04/2013

16/07/2013

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 judgment transmitted by the Court to the Committee in this case and to the violations established concerning the refusal of the Supreme Administrative Court, in proceedings which unfolded between 2002 and 2003, to scrutinise the assessment of the applicant’s mental fitness for work at the Ministry of Interior and its failure to give publicity to its judgments (violations of 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 report provided by the government indicating the measures adopted to give effect to the judgment, including the information provided regarding the judicial review of the assessment of the civil servants’ mental fitness for work at the Ministry of Interior and the payment of the just satisfaction awarded by the Court (see document DH-DD(2020)876 );

Having noted that the questions raised by the failure of the Supreme Administrative Court to give publicity to its judgments continue to be examined in the case of Nikolova and Vandova v. Bulgaria , as well as in the C.G. and Others group of cases ;

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.