Resolution CM/ResDH(2024)5

Execution of the judgment of the European Court of Human Rights

Genovese against Malta

(Adopted by the Committee of Ministers on 17 January 2024 at the 1486 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

53124/09

GENOVESE

11/10/2011

11/01/2011

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 established on account of the discrimination against the applicant, born out of wedlock son of a British mother and a Maltese father, in that on an unspecified date, the Maltese authorities refused the applicant’s mother’s request to grant him Maltese citizenship as domestic law provided that children born out of wedlock were only eligible for Maltese citizenship if their mother was Maltese;

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, and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2023)555 );

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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.