The Execution of Judgments of the European Court of Human Rights — A Political Battle

Abstract

The efficacy and effectiveness of the European Convention of Human Rights depends on the implementation of judgments of the European Court of Human Rights. In the past and until recently, the trust in and actual authority of the Court has predominantly compensated for the lack of direct and executive power over signatory parties to the European Convention. However, the workload of the Court is increasing at an exponential rate; at the same time, individuals from several new member states are not making full use of this enforcement machinery. As a result of these two elements, combined with the lack of execution of some judgments for legal–political reasons, compliance with the Court's judgments has become a priority in the political agenda of the Council of Europe. Some recent developments include Protocol 14 to the European Convention and the setting up of the Group of Wise Persons. These actions indicate that the Council of Europe has recognised that effective enforcement machinery is paramount for its credibility.