Resolution CM/ResDH(2022)419

Execution of the judgments of the European Court of Human Rights

Four cases against the Slovak Republic

(Adopted by the Committee of Ministers on 14 December 2022 at the 1452 nd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

51894/14+

FRAMIPEK S.R.O. AND AGRORACIO SENICA, A.S.

28/01/2020

28/01/2020

46269/20

ŠÁRNIK

10/06/2021

10/06/2021

5011/20

PUŠKÁŠOVÁ

20/05/2021

20/05/2021

2776/21

BARTÓK

30/09/2021

30/09/2021

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 established on account of the excessive length of judicial proceedings, and, in respect of some of the applicants, lack of an effective remedy concerning length of proceedings on third-party claims for damages where no criminal charges have been brought (violations of Article 6, paragraph 1, and Article 13);

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(2021)989 and DH-DD(2022)1337 );

Considering that the question of individual measures was resolved, given that the domestic proceedings have been terminated and the European Court awarded damages for the violations established;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Javor and Javorová group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

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.