Resolution CM/ ResDH ( 2015) 223 Execution of the judgments of the European Court of Human Rights in Two cases against Bulgaria

Application No.

Case

Judgment of

Final on

30388/02

POPNIKOLOV

25/03/2010

11/10/2011

25/06/2010

11/01/2012

77660/01

BASARBA OOD

07/01/2010

07/04/2010

20/04/2011

(Adopted by the Committee of Ministers on 9 December 2015 at the 1243rd meeting of the Ministers ’ Deputies)

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;

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 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(2015)1204 );

Having noted that, in respect of the general measures, important steps have been made in the execution process, in particular through the adoption of a new Code of Administrative Procedure providing safeguards against non-execution of judicial decisions by requiring an administrative authority to deliver a non-substitutable action;

Having noted that the outstanding questions related to the issue of non-execution of judicial decisions requiring an administrative authority to deliver a non-substitutable action are entirely taken up in the case of Stoyanov and Tabakov which remains under the supervision of the Committee of Ministers;

Having noted, in addition, that the respondent State has committed itself to continue its efforts aimed at ensuring full and thorough execution of the judgment in the Stoyanov and Tabakov case;

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.