Published: 1 Jun 2007 | By Costas Paraskeva
Specific orders given by the European Court of Human Rights to states on how to execute its judgements
ECtHR judgements are “essentially declaratory in nature, and leave to the state concerned the choice of the means to be used in its domestic legal system for performance of its obligation”. Accordingly, the Court has previously abstained from making any consequential orders, arguing that it falls to the Committee of Ministers to supervise the execution of judgements. This absence of injunctive power has been often criticised, and the Court has gradually begun to assume more responsibility for the proper execution of its judgements.
In this article, Costas Paraskeva considers the Court’s changing attitude to its role in the implementation of its judgements. To read the full article, click on the link below.