Resolution CM/ ResDH (2020)280

Execution of the judgments of the European Court of Human Rights

Two cases against Romania

(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

70937/14+

ROMANIAN MUSICAL PERFORMING AND MECHANICAL RIGHTS SOCIETY AND OTHERS

28/03/2019

28/03/2019

20302/11

IANCU

14/01/2020

14/01/2020

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 non-enforcement or delayed enforcement of domestic court decisions ordering various State authorities or a State-controlled company to pay various sums to the applicant parties;

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 noted the information provided regarding the payment of the just satisfaction awarded by the Court for pecuniary damage, non-pecuniary damage and/or costs and expenses and considering that the question of individual measures was therefore resolved, given that the just satisfaction duly paid to the applicant parties has redressed all the consequences they had suffered due the violations found;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Săcăleanu v. Romania group 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.