Resolution CM/ResDH(2022)31

Execution of the judgments of the European Court of Human Rights

Three cases against Italy

(Adopted by the Committee of Ministers on 23 February 2022

at the 1426 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

6360/13

D’ACUNTO AND PIGNATARO

12/07/2018

12/07/2018

63190/16

BECCARINI AND RIDOLFI

07/12/2017

07/12/2017

76171/13

SOLARINO

09/02/2017

09/05/2017

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 of the Convention established on account of the failure of the authorities to make adequate and sufficient efforts to ensure respect of the applicants’ access rights to their minor children or grandchildren;

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 individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see in document DH-DD(2019)790 the information relating to these cases);

Considering that the question of individual measures was resolved, since adequate steps have been taken to reassess the applicants’ situation and implement their access rights, as far as possible and having regard to the best interest of the children, some of whom have in the meantime become of age;

Recalling that the question of general measures required to ensure the effective implementation of judicial decision regulating parents’ or grandparents’ access rights continues to be examined within the framework of the Strumia and Terna groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures;

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

DECIDES to close the examination of these cases.