SUBMISSION OF AN ACTION PLAN AND AN ACTION REPORT IN THE PROCEDURE FOR THE EXECUTION OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS Cover Image

ПОДНОШЕЊЕ АКЦИОНОГ ПЛАНА И АКЦИОНОГ ИЗВЕШТАЈА У ПОСТУПКУ ИЗВРШЕЊА ПРЕСУДЕ ЕВРОПСКОГ СУДА ЗА ЉУДСКА ПРАВА
SUBMISSION OF AN ACTION PLAN AND AN ACTION REPORT IN THE PROCEDURE FOR THE EXECUTION OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS

Author(s): Miloš Radovanović
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: Правни факултет Универзитета у Нишу
Keywords: European Court of Human Rights; Committee of Ministers of the Council of Europe; execution of ECtHR judgments; action plan; action report

Summary/Abstract: The High Contracting Parties of the European Convention of Human Rights and Fundamental Freedoms are obliged to execute judgments of the European Court of Human Rights. The Committee of Ministers of the Council of Europe supervises the execution of this obligation. An action plan sets out the measures the Member State intends to take to implement a judgment. An action report sets out the measures taken to implement the judgment. These acts are key tools of communication between the State and the Committee of Ministers in the procedure of supervision of the execution of judgments of the European Court of Human Rights. The Serbian authorities in charge of enacting legislation have not paid enough attention to the supervision of the execution of the European Court judgments. The competence concerning the communication with the Committee of Ministers in the procedure of supervision of the execution of European Court judgments and submission of action plans and action reports is not regulated by domestic law. The active approach of the Government Agent of the Republic of Serbia has prevented the negative consequences that this legal gap may have on the fulfillment of international obligations of the Republic of Serbia.

  • Issue Year: LVII/2018
  • Issue No: 78
  • Page Range: 365-382
  • Page Count: 18
  • Language: Serbian