Execution of judgments of the European Court of Human Rights finding a violation of Article 18 of the Convention for the Protection of Human Rights and Fundamental Freedoms

Abstract

The European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter ‘the Convention’) is a living instrument that gradually and consistently develops. Almost 70 years after the adoption of the Convention, in 2019, the Court adopted its first judgment with respect to a failure of a High Contracting Party to execute a previous judgment finding a violation, thereby ensuring that the system for the protection of human rights is complete, clear and coherent. Such infringement proceedings are especially necessary when Governments systematically fail to implement into their domestic legal systems the human rights standards that are enshrined in the Convention and the Court’s case law; and when the Governments refuse to put an end to violations that stem from ulterior motives, e.g. political persecution or elimination of the freedom of expression that are prohibited by Article 18 of the Convention. Accordingly, the execution of such judgments becomes even more important in light of the continuous increase of allegations that Governments misuse their powers and violate human rights mala fide. To prevent the reoccurrence of such violations, it is likewise important not only for the Court to take further steps and indicate measures that should be taken by Governments when executing judgments, but also to limit the margin of appreciation of Governments with respect to choice of the most appropriate measures to execute a judgment.