Resolution CM/ ResDH (2018)335 Execution of the judgments of the European Court of Human Rights Three cases against Romania

(Adopted by the Committee of Ministers on 20 September 2018 at the 1324 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

7198/04

IOSUB CARAS

11/12/2006

16965/10

KARRER

21/05/2012

54443/10

BLAGA

01/07/2014

01/10/2014

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 of Article 8 due to the Romanian authorities ’ failure to properly implement the 1980 Hague Convention on the Civil Aspects of International Child Abduction (hereinafter “the 1980 Hague Convention”) in proceedings carried out between 2001 and 2009; having regard also to the violation of Article 6, paragraph 1, found in the case of Blaga on account of the excessive length of proceedings for divorce and child custody carried out between 2008 and 2014 before the Romanian courts;

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 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 judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)597 );

Noting, in the light of the information provided, that no further individual measure is required in these cases;

Noting, as regards the general measures, the wide-ranging awareness-raising measures adopted by the Romanian authorities to ensure the proper implementation of the 1980 Hague Convention by the domestic courts and the information showing that these courts have aligned their practice with the requirements of this Convention; noting further that the outstanding question related to the application of the 1980 Hague Convention, namely the excessive length of the proceedings for return of wrongfully removed or retained children brought under this Convention, continues to be examined in the case of Ferrari v. Romania ;

Recalling moreover that the general measures required in relation to the excessive length of judicial proceedings are examined in the group of cases Vlad v. Romania ;

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

DECIDES to close the examination thereof.