International Conference
 

Better enforcement of national judicial decisions: 
a human rights and rule of law requirement

principles, challenges and possible solutions

Organised jointly by the Council of Europe and the Ministry of Justice of Luxembourg
under the auspices of the Luxembourg Presidency of the Committee of Ministers of the Council of Europe.

 Concept Note of the event

 Progamme of the event

Both the case-law of the Court and the acquis of the Committee of Ministers on the execution of its judgments define the standards relating to the obligation to comply with the national courts’ judgments, to the principle of res judicata, and to the need to ensure fast, full and efficient enforcement of judicial rulings.

The conference’s aim is twofold. Firstly, on the basis of most up-to-date information on the Court’s jurisprudence in this field, to explore the main systemic and structural problems concerning the non- execution of national judicial decisions, which must be resolved by the States where such problems persist. Secondly, based in particular on the expertise of the European Commission for the Efficiency of Justice (CEPEJ), it is to look into the best practices of organising the systems of implementation of domestic judicial decisions and the existing soft law aimed at supporting member States to set up quality enforcement procedures, before exploring the relevance of new tools or principles to enhance the performance of all Member States' enforcement procedures.

This is fully in line with the Reykjavik Declaration’s call for a co-operative and inclusive approach, based on dialogue, in the supervision process to assist States in the execution of the Court’s judgments, as well as for greater synergy between Council of Europe advisory bodies - such as CEPEJ - and the Execution of Judgments, to facilitate the exchange of good practice and expertise among member States.

Speakers

 Opening

Elisabeth MARGUE - Minister of Justice, Luxembourg

Gianluca ESPOSITO - Director General of Human Rights and Rule of Law, Council of Europe

 Panel 1 - Principles: case-law of the European Court of Human Rights on the enforcement of domestic judgments

Moderator:  Judge Stéphane PISANI, European Court of Human Rights

Judge Mykola GNATOVSKYY - European Court of Human Rights

 

Hasan BAKIRCI - Section Registrar, Registry of the European Court of Human Rights

Takis TRIDIMAS - Director, Luxembourg Centre for European Law

 Panel 2 - Challenges: resolution of systemic and structural problems of non-enforcement of domestic judgments, as a requirement to execute judgments of the European Court of Human Rights

Moderator:  Peggy DUCOULOMBIER
Professor of Public Law, University of Strasbourg, Vice-Dean in charge of international relations at the Faculty of Law, Political Science and Management 

Pavlo PUSHKAR - Head of Division, Department for the Execution of Judgments of the European Court of Human Rights

Roxana CHIUARIU - Judge, member of the High Council of Judiciary, Director for European and International Affairs and Cooperation, Romania

Volodymyr VENHER - Dean of the Faculty of Law, National University ‘Kyiv-Mohyla Academy’, Ukraine

Zarina KARIMOVA - Legal Advisor, Administrative Court of Luxembourg

Alice DONALD - Professor of Human Rights Law, School of Law and Social Sciences, Middlesex University

 Panel 3 - Possible solutions: best practices, tools, models, general principles?

Moderator:  João ARSENIO DE OLIVEIRA, Deputy Director for Justice Policy, Ministry of Justice, Portugal, Chair of the Working Group on quality of justice of the European Commission for the Efficiency of Justice (CEPEJ)

Patrick GIELEN - Secretary General of the International Union of Judicial Officers

 

Marc SCHMITZ - President of the International Union of Judicial Officers

Guillaume PAYAN - Professor of Private Law at Toulon University, France

 Closing: Main takeaways and steps forward

Frédéric DOLT - Head of the Department for the Execution of Judgments of the European Court of Human Rights, Council of Europe

Ambassador Patrick ENGELBERG- Permanent Representation of Luxembourg before the Council of Europe