Reopening a case as one of the national mechanisms for the implementation of the European Court of Human Rights decisions
Last week representatives of the High Qualification Commission of Judges of Ukraine took part in the roundtable “Reopening a case as one of the National mechanisms for the implementation of the European Court of Human Rights decisions”.
The participants, including judges, representatives of the High Council of Justice, the Ministry of Justice of Ukraine, international NGOs, and Council of Europe experts discussed the mechanisms for enforcement of the ECHR by reopening the case.
Mr. Abel Campos, ECHR First Section Secretariat Registrar described the powers of the European Court of Human Rights in respect of consideration of “repeated complaints”. He emphasized the practice of considering “new issues” which have not been resolved by prior court decision.
Mr. Pavlo Pushkar, Department Head for the ECHR Directorate General of Human Rights and Rule of Law of Council of Europe shared statistics on complaints filed with the ECHR, where every fourth of them comes from Ukraine. The main problem is non-fulfilment of judicial decisions. Mr. Pushkar also spoke about the supervision of the Committee of Ministers on individual measures for the resumption of the proceedings on the basis of ECHR decisions: scope of reviewed cases, substantive and procedural aspects of the review.
Mrs. Myroslava Antonovych, Director of the Center for International Protection of Human Rights of National University of “Kyiv-Mohyla Academy,” ad hoc judge of the European Court of Human Rights presented Report, which reviewed resolutions of the upreme Court of Ukraine, that were issued according to the ECHR judgments.
Participants developed proposals of improvement the execution mechanism of ECHR judgments by reopening the proceedings that will further be communicated to the interested parties.
The event was organized jointly by the Supreme Court of Ukraine and the Council of Europe Project “Support to the implementation of the judicial reform in Ukraine”.
Reference:
The Project “Support to the implementation of the judicial reform in Ukraine” is implemented with the financial contribution of the United Kingdom of Great Britain and Northern Ireland Government and operates for the continuation of work begun by the Council of Europe on reforming the judicial system of Ukraine. Its purpose is to provide further rapprochement of Ukrainian judicial system to the standards and recommendations of the Council of Europe.
