The plenary session of the KSSE, by a large majority, approved today the final report of the member of the Cypriot delegation and Rapporteur on behalf of the Committee on Legal and Human Rights of the KSSE, Kostis Efstathiou, on the execution of the rulings of the European Court of Human Rights.
According to an announcement by the Parliament, the report of Mr. Efstathiou, which includes a relevant Resolution and Recommendation, is the 10th Report on the issue of compliance of the Member States with the decisions of the Court, to which the CSCE attaches special importance.
During the presentation of his report, Mr. Efstathiou noted that the number of unenforced decisions has decreased significantly, which reflects the faster compliance of Member States with ECtHR decisions. However, he said, with regard to more complex cases involving complex legal and political elements, there is worrying stagnation.
Among the most difficult of these, Mr. Efstathiou mentioned cases of conflicts between states and their consequences. Mr. Efstathiou's report also makes extensive reference to Cyprus' transnational appeal against Turkey, and in particular to the aspects of determining the fate of the missing, the property rights of the displaced and the trapped. This is the first time that a CSCE report on the implementation of ECtHR decisions has thoroughly covered transnational cases and multiple violations of the European Convention on Human Rights.
According to the announcement of the Parliament, Mr. Efstathiou stigmatized the fact that, despite the contractual obligation of the Member States to fully comply with the decisions of the ECtHR, legislation and constitutional changes at national level, lack of political will and insufficient resources, are the main reasons for non-compliance.
The adopted Resolution calls on the Member States to refrain from any action that might impede the full and effective implementation of ECtHR decisions and to take all necessary measures to better comply with them, using, inter alia, the know-how and assistance of all institutions. Council of Europe institutions, including the Venice Commission.
Member States are also encouraged to draw up national action plans for better monitoring and enforcement of the Court's rulings, in cooperation with all stakeholders, namely national parliaments, which should establish permanent structures for monitoring and monitoring international obligations regarding in the protection of human rights and the compatibility of national legislation with the case law of the ECtHR.
The Recommendation urges the Committee of Ministers to continue unhindered the work of monitoring the implementation of decisions. In particular, the Commission is called upon to take all appropriate measures to ensure that Member States comply, including by launching a parallel procedure, in the event of strong and repeated resistance.
