Resolution CM/ResDH(2023)131

Execution of the judgment of the European Court of Human Rights

E.S. against Romania and Bulgaria [1]

(Adopted by the Committee of Ministers on 7 June 2023 at the 1468 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

60281/11

E.S.

19/07/2016

19/10/2016

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 of the Convention established in respect of Romania on account of the excessive length of certain custody proceedings before the Romanian courts concerning the applicant’s child;

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 Romania 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 in order to give effect to the judgment and noting that no award of just satisfaction was made by the Court in this case (see document DH-DD(2017)591 );

Considering that no individual measure was required in relation to the custody proceedings before the Romanian courts, since these had been completed by the time the Court’s judgment became final;

Recalling that the general measures required in response to the shortcomings found by the Court in this judgment in relation to the excessive length of the proceedings before the Romanian courts continue to be examined within the framework of the Vlad v. Romania group of cases and that the closure of this case therefore in no way prejudges the Committee’s evaluation of these measures;

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

DECIDES to close the examination of this case in respect of Romania.

[1] Case against Romania and Bulgaria. It is only proposed to close this case in respect of Romania.