CASE OF SĂCĂLEANU AGAINST ROMANIA AND 16 OTHER CASES (European Court of Human Rights)

Last Updated on March 15, 2022 by LawEuro

Interim Resolution CM/ResDH (2022) 58
Execution of the judgments of the European Court of Human Rights
Săcăleanu group against Romania
(Adopted by the Committee of Ministers on 9 March 2022 at the 1428th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the judgments of the Court finding mainly violations of Article 6, paragraph 1, of the Convention and of Article 1 of Protocol No. 1, due to the non-implementation or delayed implementation of domestic court decisions or arbitral awards delivered against the State or legal persons under the responsibility of the State;

Underlining that Romania, as every member State, has the obligation, under Article 46, paragraph 1, of the Convention, to abide by the final judgments of the Court to which it is party fully, effectively and promptly and that this obligation is binding on all State authorities, at all branches and levels of government;

Recalling that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required, of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum and of general measures capable of preventing similar violations;

As regards individual measures

Expressing great concern at the prolonged absence of information attesting the adoption of the measures required to provide restitutio in integrum to the applicants in 24 applications covered by the above judgments, notwithstanding the Committee’s urgent calls to the authorities to ensure that the domestic decisions outstanding at the date of the judgments are swiftly implemented;

Strongly regretting that the authorities have still not secured the full implementation of the domestic decision in the application brought by S.C. Bit S.A. and that they did not provide any response to the Committee’s urgent call for remedial action;

Recalling the heightened concerns expressed in its decisions and Interim Resolutions CM/ResDH(2020)182 and CM/ResDH(2021)194 at the prolonged failure by the authorities to secure redress to the applicants in S.C. Polyinvest S.R.L. and eight similar applications, by paying from State funds, all the sums due, granted in the court decisions or arbitral awards given in disputes with State-controlled companies, with default interest up to the date of the payment;

Regretting that the payments have still not been made, but welcoming the authorities’ recent steps to ensure that remedial action is taken at the highest level of government and expressing its strong expectation that the measures required to provide restitutio in integrum to these applicants will be adopted without any further delay;

As regards general measures

Reiterating its strong support to the process initiated by the authorities in 2016 in order to define and enact legislative measures introducing safeguards and mechanisms to guarantee voluntary and timely implementation of pecuniary and non-pecuniary awards by the State, in line with the Committee’s assessments and with the Court’s indications under Article 46 of the Convention in Foundation hostel for students of the Reformed Church and Stanomirescu;

Recalling its guidance on the content of the necessary reforms, including its calls for the authorities to provide effective remedies when such implementation may still not be achieved;

Deeply concerned that, notwithstanding its calls for them to demonstrate a strong commitment at a high political level to complete the execution process, which has now been pending for over 16 years, the authorities have not submitted any information attesting progress in the adoption of the reforms nor given indication of any remedial action envisaged to overcome this impasse;

Noting also with concern the lack of response to its requests for clarifications about the measures envisaged to guarantee non-repetition of violations in the cases concerning the State’s responsibility for the non-implementation of pecuniary awards against State-controlled companies;

EXHORTED the authorities, at the appropriate level, to take all necessary action to discharge fully and immediately Romania’s obligations under Article 46 of the Convention in these judgments as regards the outstanding individual measures and to resume and step up this process with a view to rapidly adopting the legislative reforms and any other measures required to guarantee non-repetition of the violations established in these judgments;

URGED the authorities to strengthen their dialogue with the Committee in the process of supervision of the execution of these judgments and STRONGLY ENCOURAGED them to engage in high level consultations with the Secretariat to this end;

DECIDED, in the absence of information attesting tangible progress on all the matters above, to resume consideration of the cases in this group at the latest at its human rights meeting in March 2023.