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Supervision of the Execution of Judgments and Decisions of the European Court of Human Rights

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Supervision of the Execution of Judgments and Decisions of the European Court of Human Rights Supervision of the execution of judgments and decisions of the European Court of Human Rights 6th Annual Report of the Committee of Ministers 2012 COUNCIL OF EUROPE COMMITTEE OF MINISTERS Supervision of the execution of judgments and decisions of the European Court of Human Rights 6th Annual Report of the Committee of Ministers 2012 French edition: Surveillance de l’exécution des arrêts et décisions de la Cour européenne des droits de l’homme. 6e Rapport annuel du Comité des Ministres – 2012 ATTENTION: en regénérant la table des matières, manuellement: Table of contents - voir “d”, p. 6, en mauvaise police. I. Foreword by the 2012 Chairs of the “Human Rights” meetings .................... 9 - remettre “style de caractère” sur le titre II. Remarks by the Director General of the Directorate General of Human Rights and Rule of Law ..................................................................... 11 Introduction .................................................................................................................. 11 Statistics – positive developments but workload increase ..................................... 11 All requests concerning the reproduction or translation of all or part of this document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex Recent developments and trends .............................................................................. 13 or [email protected]). All other correspondence concerning this document should be Dialogue and peer pressure: improving the supervision procedure .................... 14 addressed to the Directorate General of Human Rights and Rule of Law. Targeted co-operation and assistance ....................................................................... 15 Interaction with the Court ........................................................................................ 16 Synergies with other bodies ....................................................................................... 17 Participation of civil society ....................................................................................... 19 Conclusion .................................................................................................................... 19 III. The Committee of Ministers’ supervision of the execution of judgments and decisions – scope and new modalities ................................................................................. 21 Cover and layout: SPDP, Council of Europe Introduction ................................................................................................................. 21 A. Scope of the supervision ........................................................................................22 B. New supervision modalities: a twin-track approach to improve prioritisation and transparency ............................................................................25 Generalities ...............................................................................................................25 Identification of priorities: twin track supervision ............................................25 Continuous supervision based on action plans/reports .....................................26 Transparency ............................................................................................................26 Practical modalities .................................................................................................27 Simplified procedure for the supervision of payment of just satisfaction ....... 27 Necessary measures adopted: end of supervision ...............................................28 C. Increased interaction between the Court and the Committee of Ministers .........................................................................28 D. Friendly settlements ...............................................................................................29 © Council of Europe, April 2013 IV. Improving the execution process: a permanent reform work .................... 31 Printed at the Council of Europe A. Guaranteeing long term effectiveness: main trends .......................................... 31 3 6th Annual Report of the Committee of Ministers 2012 Table of contents B. The Interlaken process – Izmir and Brighton ..................................................... 32 D. Issues related to foreigners ...................................................................................88 C. Specific issues........................................................................................................... 35 D.1. Unjustified expulsion or refusal of residence permit ..................................88 D. The support provided by the Human Rights Trust Fund .................................36 E. Access to and efficient functioning of justice ......................................................94 E.1. Excessive length of judicial proceedings .......................................................94 Appendix 1: Statistics 2012 ....................................................................................... 39 E.2. Lack of access to a court ................................................................................ 101 Introduction .................................................................................................................. 39 E.3. No or delayed enforcement of domestic judicial decisions ......................102 A. Overview of developments in the number of cases E.5. Unfair judicial proceedings – civil rights ...................................................108 from 1959 to 2012 ....................................................................................................40 E.6. Unfair judicial proceedings – criminal charges ........................................109 B. General statistics .....................................................................................................42 F. No punishment without law ................................................................................. 113 B.1. Pending cases.....................................................................................................42 G. Protection of private and family life .................................................................. 113 B.2. New cases ...........................................................................................................43 G.1. Home, correspondence and secret surveillance ........................................ 113 B.3. Cases closed .......................................................................................................43 G.2. Respect of physical or moral integrity ........................................................ 115 C. Detailed statistics by state for 2012 ......................................................................45 G.5. Placement of children in public care, custody and access rights ............ 117 C.1. Development of case load, by state ................................................................45 H. Cases concerning environmental protection ................................................... 118 C.2. Main cases or groups of cases before the CM under enhanced I. Freedom of religion ................................................................................................ 118 supervision and involving important structural or complex J. Freedom of expression and information ............................................................. 119 problems (by state at 31 December 2012) .....................................................48 K. Freedom of assembly and association ................................................................ 121 C.3. Additional statistics at 31 December 2012: Respect of payment deadlines and just satisfaction amounts. ...................................................... 57 L. Right to marry .......................................................................................................122 C.4. Additional statistics at 31 December 2012: Respect of payment M. Effective remedies – specific issues ...................................................................122 deadlines, average execution time and new cases decided under N. Protection of property ..........................................................................................123 Protocol No. 14. ................................................................................................60 N.1. Expropriations, nationalisations ..................................................................123 C.5. Main themes under enhanced supervision (On the basis N.2. Disproportionate restrictions to property rights ......................................124 of the number of leading cases) .....................................................................63 O. Right to education ................................................................................................126 C.6. Main states with cases under enhanced supervision (On the basis P. Electoral rights .......................................................................................................126 of the number of leading cases) ....................................................................63 C.7. New working methods: additional statistical elements. .............................64 Q. Freedom of movement .........................................................................................128 R. Discrimination ......................................................................................................128
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