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Roma Rights 1, 2010: Implementation of Judgments

26th, July, 2010


This issue of Roma Rights is dedicated to a consideration of implementation of European Court of Human Rights (ECtHR) judgments and other decisions of international adjudicatory bodies. Although implementation problems plague national justice systems, the European and international systems, without coercive enforcement mechanisms, present particular challenges to implementation at the national level.

This issue begins with Constantin Cojocariu’s discussion of recent developments in the ECtHR’s structural and procedural reform and their impact on implementation of judgments, providing an overview of the function and challenges facing the Court. Next, Krassimir Kanev focuses on ECtHR judgments against Bulgaria, mostly related to police abuse of detainees, for which the Government awards financial compensation but generally fails to undertake needed systemic reforms. István Haller writes about several Romanian pogrom cases involving “friendly” settlements and the unique challenges to implementation that these present.

Turning to Western Europe, Panayote Dimitras provides a detailed account of ECtHR and European Committee of Social Rights (ECSR) decisions in the areas of school segregation, substandard housing and evictions and police violence, as well as the Greek Government’s implementation record. The ERRC’s Lydia Gall and Robert Kushen offer analysis of the implementation of the judgment in D.H. and Others v The Czech Republic, which a coalition of NGOs is striving for in the face of limited Government reform and no significant change in the proportion of Roma studying in segregated special education. From the UK, Chris Johnson, Andrew Ryder and Marc Willers contribute a history of the failure of the government to implement the decision in Connors v The United Kingdom and other housing cases. Finally, Zoran Gavriloski writes of systemic police abuse in Macedonia which persists despite several favourable ECtHR decisions.

The theme concludes with a fascinating look from inside the Court, an account by former Judge Loukis Loucaides of Cyprus, of systemic impediments that hinder the Court from rendering justice.

Given the lackluster track record of implementation of the Court’s judgments at the systemic level, this issue raises the question: what can we as advocates do? We invite readers to send us ideas of work that we can do to encourage the implementation of judgments.

Download Roma Rights 1, 2010: Implementation of Judgments (PDF)

Implementing Judgments: Making Court Victories Stick 

Improving the Effectiveness of the Implementation of Strasbourg Court Judgments in Light of Ongoing Reform Discussions

Non-Execution of European Court Judgments Involving Romani Victims in Bulgaria

The Mendacious Government: Implementation of the Romanian Pogrom Judgments

Greece’s Non-Implementation of International (Quasi-)Judicial Decisions on Roma Issues

What Happened to the Promise of D.H.?

Gypsies and Travellers in the United Kingdom and Security of Tenure

“To This Very Day I Fear Policemen Whenever I See Them in Town”: Implementation of the Judgment in Jasar v Macedonia

Reflections of a Former European Court of Human Rights Judge on his Experiences as a Judge

ERRC Advocacy at the Second European Roma Summit

European Court Denounces Segregated Education Again: Oršuš and Others v Croatia

A Short Re-Introduction to the ERRC’s Human Rights Education Work

My Journey to Meet the ERRC

Karta vaś Fundamentalno Ćaćipena

Chronicles

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