Resolution CM/ResDH(2022)51

Execution of the judgment of the European Court of Human Rights

Mikuljanac, Mališić and Šafar against Serbia

(Adopted by the Committee of Ministers on 9 March 2022

at the 1428 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

41513/05

MIKULJANAC, MALIŠIĆ AND ŠAFAR

09/10/2007

09/01/2008

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 judgment transmitted by the Court to the Committee in this case and to the violations of Article 6, paragraph 1 and Article 13 of the Convention on account of the excessive length of labour-related proceedings and lack of an effective remedy;

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 measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court and the completion of relevant proceedings at the domestic level (see document DH-DD(2022)5 );

Having noted further the promising results in the length of labour-related proceedings before the first and second instance courts between 2016 and 2020; noting in this regard particularly the prompt disposition time and high number of resolved cases;

Noting the current existence of an effective domestic remedy and the authorities’ commitment to continuing their efforts to put an end to the more general problem of excessive length of civil, family-related and commercial proceedings in the context of the Jevremović group of cases which remains under the Committee’s supervision;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case,

DECIDES to close the examination thereof.