Resolution CM/ResDH(2022)420

Execution of the judgments of the European Court of Human Rights

Two 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

74175/17

PÁDEJ

13/10/2020

13/10/2020

75041/17

BOSITS

19/05/2020

19/05/2020

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 quashing, without proper justification, of final and binding judgments in the applicants’ favour as a result of the use of an extraordinary appeal on points of law (violations of 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 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 document DH-DD(2022)1145 );

Considering that the question of individual measures was resolved, given that:

- in the Bosits case the domestic courts resumed the suspended domestic proceedings, which were pending at the time of the European Court’s judgment, and dismissed the original claim of the State, so as to preserve the outcome of the initial proceedings;

- in the Pádej case the European Court found no violation of Article 1 Protocol No. 1 as the applicant was not made to bear an individual and excessive burden; therefore, even though reopening of the impugned insolvency proceedings was not possible under domestic law, it appears that in the specific circumstances of the present case the just satisfaction awarded on account of the violation of Article 6, paragraph 1, remedied sufficiently the consequences for the applicant;

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 DRAFT - OVA a.s. 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.