|
MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2021)1398/H46-23 |
11 March 2021 |
|
1398th meeting, 9-11 March 2021 (DH)
H46-23 Săcăleanu group v. Romania (Application No. 73970/01) Supervision of the execution of the European Court’s judgments Reference document |
Decisions
The Deputies
1. recalling that the violations found by the European Court in these cases revealed the existence of structural dysfunctions related to the non-implementation or delayed implementation of final court decisions by the State or legal persons under the responsibility of the State;
As regards individual measures
2. noted the latest information provided by the authorities indicating that the relevant domestic decisions in Dumbravă, Chiş and Elena Popa have been implemented; while regretting the delay taken in this process, considered that the question of individual measures has now been resolved; decided to close their supervision of the execution of the judgments in Dumbravă and Chiş and adopted Final Resolutions CM/ResDH(2021)46 and CM/ResDH(2021)45;
3. expressing deep concern at the prolonged absence of updated information in 24 other applications, urged the authorities to take all the necessary steps to ensure that the relevant domestic decisions are swiftly and fully implemented and inform the Committee of the steps taken and the results achieved no later than 15 June 2021;
4. expressing also deep concern at the authorities’ prolonged delay in fully implementing the domestic decision in the application brought by S.C. Bit S.A., urged them immediately to pay the outstanding sum they agree is due to the applicant company; ensure that the court proceedings aimed at determining the precise amount still owed are rapidly completed; and promptly pay any further sum established in these proceedings;
As regards general measures
5. underlined again the crucial importance of a strong commitment at a high political level to bring about a swift, comprehensive and sustainable resolution of the problems revealed by these judgments, to fulfil Romania’s obligations under Article 46, paragraph 1, of the Convention;
6. reiterating their support to the ongoing process aimed at introducing legislative safeguards to ensure voluntary and timely implementation of pecuniary and non-pecuniary awards by the State and highlighting once more the need to provide effective remedies when such implementation is not achieved, expressed deep concern at the prolonged absence of tangible progress and urged the authorities to redouble their efforts to ensure that this process is rapidly completed;
7. called again upon the authorities to provide, by 15 June 2021 at the latest, their analysis regarding a possible conflict between the avenues explored to ensure implementation of pecuniary awards when the debtor is a State-controlled company and the State’s other international obligations and requested them also to inform the Committee about any further progress in their consideration of the measures required in this area;
8. decided to resume examination of these cases at their Human Rights meeting in March 2022 and, in the absence of information attesting tangible progress in particular in the adoption of the legislative measures referred to at paragraph 6 above, instructed the Secretariat to prepare a draft interim resolution for their consideration at that meeting.