Resolution CM/ResDH(2022)421

Execution of the judgment of the European Court of Human Rights

Ivan 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

57405/15

IVAN

27/06/2017

27/06/2017

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 judgment transmitted by the Court to the Committee in this case and to the violations established on account of the excessive length of judicial proceedings and lack of an effective domestic remedy in this respect (violations of Article 6, paragraph 1, and Article 13, in conjunction with Article 6, paragraph 1);

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 measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)696 );

Having noted that the question of individual measures was resolved, given that the domestic proceedings have been terminated and the Court awarded just satisfaction for the violations established;

Having noted, in respect of the general measures, that important steps have been made in the execution process, in particular the fact that the Constitutional Court no longer requires from the complainants to have exhausted ordinary remedies prior to lodging a constitutional complaint, and that it assesses the overall length of proceedings before different levels of court;

Having noted that the outstanding questions concerning the excessive length of judicial proceedings, as well as certain specific issues related to the functioning of the domestic remedy (such as the examination by the Constitutional Court of length of proceedings on legal costs separately and low level of compensation provided in some cases) continue to be examined in the Maxian and Maxianova group;

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.