Practice of European Court of Human Rights (ECHR) in the enforcement of courts’ final decisions

Alkelina Gazidede
Abstract:
The paper aims at highlighting the importance of enforcement of judicial decisions as a key factor in building Rule of Law. As courts do not have the opportunity to lead themselves the process of decisions’s execution and the respective institutions have performed poor results, many cases are presented in front of European Court of Human Rights due to the lack of efficiency in executing judicial decisions. Obtaining a favorable judicial decision does not imply necessarily the fulfillment of the general purpose, and ECHR through it’s judgements has argued that the right to proper administration of justice implies that the enforcement of court decisions should itself be effective and efficient. Being considered as a compulsory provision for the successful conclusion of a legal process, the enforcment of courts’ final decisions within a reasonable time is an essential element of a fair trial. Also, this paper analyses the circumstances when excuses such as case complexity or lack of funds are considered objective and what is the responsibility of the states toward organizing their judicial system so that the justice is awarded.

Keywords:
Rule of Law; fair trial; ECHR; enforcment; judicial decisions;compulsary provision; reasonalbe time; guarantee; complexity

Full text available in PDF: Academicus-MMXV-12-038-046.pdf

Digital Object Identifier (DOI): http://dx.medra.org/10.7336/academicus.2015.12.02

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