Resolution CM/ResDH(2024)23

Execution of the judgments of the European Court of Human Rights

Two cases against Serbia

(Adopted by the Committee of Ministers on 14 February 2024 at the 1489 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

26277/20

ZEJNELOVIĆ

13/01/2022

13/01/2022

32791/20

PAJOVIĆ

29/09/2022

29/09/2022

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 the non-enforcement or delayed enforcement of domestic judicial decisions given in the applicants’ favour against socially/State-owned companies;

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(2023)1360 );

Considering that the question of individual measures was resolved, given that the domestic decisions were enforced;

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 R. Kačapor group of cases v. Serbia (Application No. 2269/06), also in the light of the Court’s findings in these 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;

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures concerning the non-enforcement or delayed enforcement of domestic judicial decisions given against socially/State-owned companies in the R. Kačapor group of cases;

DECIDES to close the examination of these cases.