Resolution CM/ResDH(2021)407

Execution of the judgments of the European Court of Human Rights

Two cases against Romania

(Adopted by the Committee of Ministers on 8 December 2021

at the 1420 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

224/04+

MEÈšIANU AND OTHERS

12/01/2021

12/01/2021

29723/05

BUTAÅž

12/01/2021

12/01/2021

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 1 of Protocol No. 1 established due to the ineffectiveness of the mechanism set up to afford restitution of or compensation for the properties nationalised under the communist regime;

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 noted the information provided by the government regarding the payment of the just satisfaction awarded by the Court;

Considering that the question of individual measures was resolved, given that the applicants received the just satisfaction awarded by the Court, including the amounts awarded for pecuniary damage, as restitution in kind of the original property was not possible in these cases;

Underlining that the closure of these cases in no way prejudges the Committee’s evaluation of the general measures related to the reform of the mechanism of reparation for properties nationalised under the communist regime, to be pursued in the framework of the cases of Maria Atanasiu and Others and Străin and Others ;

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.