Izvršenje presuda Evropskog suda za ljudska prava: aktuelna pitanja
The execution of judgments of the European Court of Human Rights – Current issues

Summary/Abstract: It is undisputed that the regional protection of human rights before the European Court of Human Rights is most effective, and that this system is constantly evolving. However, despite this, in recent times, we can detect some problems with the execution of judgments that reveal structural or systemic problems in domestic law. Maintaining the authority of the Court's judgments is fundamental for the functioning of the established system of human rights protection. A significant news concerning execution of judgments of the European Court of Human Rights, is that the refusal of the responsible country to execute one judgment, recently led to application of the procedure from Protocol No. 14. for the first time. In this context, necessity of this procedure is questionable. Because of the majority required for triggering this procedure, it is unlikely that it will be applied to all judgments which are not executed. Judgments of the European Court of Human Rights are largely respected, but sometimes this is not the case, usually when the judgment is associated with politically sensitive issues, or when execution of judgement requires significant or complex interventions in the domestic legal order. The question is, will any special procedures for monitoring enable the execution of such judgments. This is unlikely to be the case. Beside this, it should be noted, that the European Court of Human Rights has started ordering very specific non-pecuniary measures in its judgements, hoping that this will improve the level of judgment enforcement. In our opinion, this approach should be applied with caution.

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