The New Trial: Kafkaesque Punishment for Cooperation with the ECtHR

By Prof Kanstantsin Dzehtsiarou (University of Liverpool), Editor-in-Chief of the European Convention on Human Rights Law Review

It has been discussed on various levels that weak enforcement of the ECtHR judgments is a major drawback of the whole system. The lack of political will of the governments of the Contracting Parties to the Convention to engage with the ECtHR and the Committee of Ministers is often deemed to be one of the key reasons for slow enforcement of judgments and limited impact of the ECtHR on the standards of human rights protection in Europe. One of the ways to ensure quick embeddedness of the Convention is to resort to friendly settlements where the state accepts the responsibility for an obvious violation and pays appropriate compensation. The Committee of Ministers supervises execution of these friendly settlements although not always to the maximum effect. Recently the Court has introduced a new mandatory period during the procedure in Strasbourg during which the parties should consider a friendly settlement. Apparently, Ukraine is the only Contracting Party to the Convention which opted out of this procedure for the reasons discussed below. Friendly settlement is a very useful tool especially in cases of repetitive routine violations. This blogpost will try to convey two key messages. First, that national politics can put a halt on effective implementation on human rights even through preventing friendly settlements. The ability of national politics to affect human rights is hardly an original point but the story that is happening now in Ukraine gave this point a new twist. Second, that the Council of Europe has responsibility to react when the reputation of the Court, its judges and decisions are undermined. Continue reading

Burmych v. Ukraine two years later: What about restoral?

By Lize R. Glas, Assistant Professor of European law, Radboud University, the Netherlands

When the Court took the unprecedented decision to strike 12,143 repetitive cases out of its list in  Burmych and Others v. Ukraine on 12 October 2017, it added that it may reassess the situation within two years and restore the cases. As this date is approaching, this blog addresses the question whether the Court will and should restore these cases. For this purpose, I will outline what has happened in the execution process since Burmych, explain what restoration involves and discuss whether the principled and pragmatic reasons for striking out Burmych still apply and convince. This blog begins with a brief summary of the judgment and the events leading up to it. Continue reading

Non-execution of a pilot judgment: ECtHR passes the buck to the Committee of Ministers in Burmych and others v. Ukraine

By Eline Kindt, PhD researcher Human Rights Centre – Ghent University

The recent Burmych and others v. Ukraine judgment of the ECtHR of 12 October 2017 has thoroughly shifted the institutional balance in the Council of Europe between the Court and the Committee of Ministers. The Court decided to pull itself away from a situation of mass non-execution by Ukraine of both its own national judgments, as well as the Court’s previous pilot judgment of Yuriy Nikolayevich Ivanov v. Ukraine. The Court decided that these cases would be struck out of its list and become the responsibility of the Committee of Ministers, thus leaving thousands of victims without the possibility to bring their case before the Court.   Continue reading