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MISSION IMPOSSIBLE? ADDRESSING NON-EXECUTION THROUGH INFRINGEMENT PROCEEDINGS IN THE EUROPEAN COURT OF HUMAN RIGHTS

  • Fiona de Londras (a1) and Kanstantsin Dzehtsiarou (a1)
Abstract
Abstract

Non-execution of the judgments of the European Court of Human Rights is a matter of serious concern. In order to address it, the reasons for and dynamics of non-execution need to be fully considered. This paper engages with non-execution by sketching the underpinning issues that help to explain it and, we argue, must shape our responses to it. Through this engagement, we conclude that non-execution is properly understood as a phenomenon that requires political rather than legal responses. This calls into question the usefulness of the infringement proceedings contained in Article 46(4) of the Convention and which it has recently been suggested ought to be embraced in attempts to address non-execution. We argue that, even if the practical difficulties of triggering Article 46(4) proceedings could somehow be overcome, the dynamics of non-execution suggest that such proceedings would be both futile and counterproductive, likely to lead to backlash against the Court and unlikely to improve States’ execution of its judgments.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

H Keller and C Marti , ‘Reconceptualizing Implementation: The Judicialization of the Execution of the European Court of Human Rights’ Judgments’ (2015) 26 EJIL 829, 830

C Hillebrecht , ‘Rethinking Compliance: The Challenges and Prospects of Measuring Compliance with International Human Rights Tribunals’ (2009) 1 Journal of Human Rights Practice 362

B Çali , The Authority of International Law: Obedience, Respect, and Rebuttal (Oxford University Press 2015) 15

JAG Griffin The Political Constitution’ (1979) 42 MLR 1

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International & Comparative Law Quarterly
  • ISSN: 0020-5893
  • EISSN: 1471-6895
  • URL: /core/journals/international-and-comparative-law-quarterly
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