Enforcement of Judgments

Time limits for payment

In its judgments the Court sets time limits for payment. This is usually three months from the date that its judgment became final. If the State delays payment beyond this deadline, it is also liable to pay simple default interest based on the marginal lending rate of the European Central Bank, plus three percentage points.

Binding force of the obligation to pay the amounts awarded

The obligation of the respondent State to pay the amounts awarded by the Court is unconditional. The Committee of Ministers, which is tasked with supervision of the execution of ECtHR judgments, indicates that:

Insofar as the amount of the compensation to be awarded, the currency, the beneficiary, the time limit for and place of payment, and the rate of default interest have been clearly set, these elements of the payment cannot be unilaterally altered and are binding on the state, without exception.1

Russia has always complied with its obligation to pay the amounts awarded

In practice, the Russian authorities have so far always complied with the duty to make payments pursuant to the Court’s judgments. According to information available from the Committee of Ministers, Russia has a good record in making the payments within the deadlines set by the Court, and also complies with the requirement to pay default interest where delay has occurred.2

Other possible measures

In certain types of case it may be necessary for the domestic courts to examine an applicant’s case afresh.3 Considering that the procedural legislation in force in Russia provides that a judgment of the European Court is a ground for the reopening of a case,4 the right of recourse to the Court represents a powerful tool for a fair judicial resolution of various kinds of disputes.5

 

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1 Committee of Ministers, Monitoring of the payment of sums awarded by way of just satisfac- tion: an overview of the Committee of Ministers’ present practice, CM/Inf/DH(2008)7 final,15 /01/2009.

Committee of Ministers, Supervision of the execution of judgments of the European Court of Human Rights. 4th Annual report. 04/2011.

3 Committee of Ministers, Recommendation No R (2000) 2 On the re-examination or reopening of certain cases at the domestic level following judgments of the European Court of Human Rights, 19/01/2000.

4 Article 331(2.4) of the Code of Commercial Procedure; Judgment of the Constitutional Court dated 26 February 2010 On the constitutionality of Article 392(2) of the Code of Civil Procedure; Article 413(4.2) of the Code of Criminal Procedure.

5 For more details see M.Issaeva, I.Sergeeva, and M.Suchkova, “Enforcement of the Judgments of the European Court of Human Rights in Russia: Recent Developments and Current Challenges “, Sur – International Journal on Human Rights, Issue 15, winter 2011.