Interim Resolution CM/ ResDH (2018)469 Execution of the judgment of the European Court of Human Rights Paksas against Lithuania

(Adopted by the Committee of Ministers on 6 December 2018 at the 1331 st meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

34932/04

PAKSAS

06/01/2011

Grand Chamber

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”);

Recalling that the Court found a violation of Article 3 of Protocol No. 1 on account of the “permanent and irreversible nature” of the applicant’s disqualification from standing for elections to Parliament, that the Court’s judgment became final in 2011 and that the applicant continues to be banned from standing for parliamentary elections since 2004;

Having regard to the fact that since 2011 four successive amendment proposals have failed in the Seimas despite the efforts of the government;

Expressing grave concern that, despite the Committee’s repeated calls and despite several initiatives to ensure the adoption of the necessary constitutional amendments to lift the permanent ban on participation in parliamentary elections criticised by the European Court, no tangible progress has been achieved, so that almost eight years after the Court’s judgment became final, the situation found to be in breach of the Convention still persists;

Recalling that the Lithuanian authorities indicated several viable options on how to proceed further to achieve the adoption of the necessary constitutional amendments, in particular by presenting to the Seimas the previously registered Draft Law No. XIIP-2850 ;

Recalling the unconditional obligation of Lithuania, under Article 46, paragraph 1, of the Convention, to abide by final judgments in cases to which it is a party;

CALLED UPON the authorities and political leaders of Lithuania to redouble their efforts to achieve concrete progress at parliamentary level so that Lithuania can comply with its obligations under the European Convention;

RECALLED in this respect the recent commitments made at the highest level, notably by a number of senior State officials and political leaders, and

EXHORTED all concerned to support them in this commitment and to redouble their efforts to ensure that the necessary constitutional amendments are adopted, at least on the first reading, during the Seimas ’ 2019 spring session, ending 30 June 2019;

INVITED the authorities to submit information on the outcome of their considerations as regards other options for preparing a draft law adopting the necessary constitutional amendments without further delay, and by 31 December 2018 at the latest, and to keep the Committee of Ministers informed on a monthly basis about all relevant developments;

DECIDED to resume examination of this item, depending on the further developments, at one of its next Human Rights meetings and at the latest at its 1354 th meeting (September 2019) (DH).