Resolution CM/ ResDH (2020)98

Execution of the judgments of the European Court of Human Rights

Two cases against North Macedonia

(Adopted by the Committee of Ministers on 4 June 2020 at the 1377 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

35700/11

CHURCH OF REAL ORTODOX CHRISTIAN AND IVANOVSKI

29/11/2018

29/11/2018

52849/09

STAVROPEGIC MONASTERY OF SAINT JOHN CHRYSOSTOM

2 9/11/2018

29/11/2018

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 domestic courts ’ unjustified refusal to register the applicant associations as religious entities (violations of Article 11 read in the light of Article 9);

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 in order 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(2020)295 );

Noting that in Stavropegic Monastery of Saint John Chrysostom on 22 October 2019 the registration court rejected the applicant association ’ s request for reopening the impugned proceedings as out of time as well as that decision was not challenged by the applicant before the Appellate Court; noting further that in Church of Real Orthodox Christians and Ivanovski the applicant association withdrew its request for reopening the impugned proceedings;

Noting also that these applicants are entitled to submit new registration requests pursuant to domestic legislation which the registration court is expected to examine in a Convention-compliant manner following the general measures adopted;

Considering that no further individual measure appears to be necessary;

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 Orthodox Ohrid Archdiocese group of cases and that the closure of these cases therefore in no way prejudges the Committee ’ s evaluation of the general measures in relation to the registration of religious associations;

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.