Resolution CM/ResDH(2021)293

Execution of the judgment of the European Court of Human Rights

Ferrari against Romania

(Adopted by the Committee of Ministers on 3 November 2021 at the 1416 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

1714/10

FERRARI

28/07/2015

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 violation of Article 8 found as a result of the relevant authorities’ failure to implement adequately the Hague Convention on the Civil Aspects of International Child Abduction (“the 1980 Hague Convention”) in proceedings carried out between 2008 and 2009 in which the applicant’s request for the return of his child was dismissed, including because of their excessive length;

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 reports 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 (see documents DH-DD(2018)49 , DH-DD(2020)646 and DH-DD(2021)820 );

Noting, as regards individual measures, that when the Court delivered its judgment, the proceedings under the 1980 Hague Convention had been concluded and the questions related to the custody of the child and the applicant’s visiting rights settled in separate court proceedings; noting also that the applicant was effectively exercising his visiting rights and that he did not avail himself of the possibility to request the reopening of the proceedings under the 1980 Hague Convention following the Court’s judgment;

Recalling that the general measures required to ensure the adequate implementation of the 1980 Hague Convention by the domestic courts were adopted in the framework of the Monory v. Romania group of cases (Final Resolution CM/ResDH(2018)334 ) ; recalling further that the question related to the excessive length of the proceedings for return of wrongfully removed or retained children continued to be examined in the present case;

Noting with satisfaction the information on the awareness-raising and procedural measures adopted by the Romanian authorities to address this remaining question and the statistical data provided evidencing the results achieved by the competent courts in prioritising the examination of the applications lodged and in expediting the proceedings brought under the 1980 Hague Convention;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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

DECIDES to close the examination thereof.