Resolution CM/ResDH(2022)352

Execution of the judgments of the European Court of Human Rights

Four cases against Malta

(Adopted by the Committee of Ministers on 8 December 2022 at the 1451 st meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

165/17

ELLIS AND SCILIO

30/06/2020

30/06/2020

28712/19

GALEA

07/10/2021

07/01/2022

28711/19

RADMILLI

13/01/2022

13/01/2022

49378/18

BARTOLO PARNIS AND OTHERS

07/10/2021

07/01/2022

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 on account of infringements of property rights and lack of adequate remedies thereof (Articles 1 of Protocol No. 1 to the Convention and 13 of the Convention);

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 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 documents DH-DD(2022)1091 and DH-DD(2022)1092 );

Considering that the question of individual measures was resolved, given that the just satisfaction was paid and the properties were returned to the applicants;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Apap Bologna and Amato Gauci groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required thereof;

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.