Practice of European Court of Human Rights (ECHR) in the enforcement of courts’ final decisions
Journal Title: Academicus - International Scientific Journal - Year 2015, Vol 6, Issue 12
Abstract
The paper aims at highlighting the importance of enforcement of judicial decisions as a key factor in building Rule of Law. As courts do not have the opportunity to lead themselves the process of decisions’s execution and the respective institutions have performed poor results, many cases are presented in front of European Court of Human Rights due to the lack of efficiency in executing judicial decisions. Obtaining a favorable judicial decision does not imply necessarily the fulfillment of the general purpose, and ECHR through it’s judgements has argued that the right to proper administration of justice implies that the enforcement of court decisions should itself be effective and efficient. Being considered as a compulsory provision for the successful conclusion of a legal process, the enforcment of courts’ final decisions within a reasonable time is an essential element of a fair trial. Also, this paper analyses the circumstances when excuses such as case complexity or lack of funds are considered objective and what is the responsibility of the states toward organizing their judicial system so that the justice is awarded.
Authors and Affiliations
Alkelina Gazidede
Keywords
Related Articles
- EP ID EP132527
- DOI 10.7336/academicus.2015.12.02
- Views 119
- Downloads 0
On the strained relationship between philosophy and sociology
The main contention of this article is the following: sociology, like all the modern sciences, was born out of philosophy. But, ungratefully enough and perhaps because of a deepseated inferiority complex vis-à-vis the ol...
Energetic diplomacy and its role on creation of a new multipolar world
International correlations through the last years have been remarked as dramatic in character, and very often followed through with unpredictable events, such as the Arab spring, chronic and confessional wars raging thro...
Western Balkans, Albania and the Diatribe between Development and Change
While there is a clear tendency to address research of the ratio between change and development for very specific cases in comparison with the level of various countries, we think that we should go beyond such situation...
Privacy and data protection: Legal aspects in the Republic of Macedonia
The purpose of this paper is to present a theoretical assessment of the existing Law on Personal Data Protection in the Republic of Macedonia. The paper aims to analyse whether there is a need for additional legal tools...
Developing Interethnic and Intercultural Competencies - Aims and Syllabus in the Context of Elementary Education Students in Republic of Macedonia
Тhe main goal of our theoretical research was to show how much the syllabus allow development of awareness about the diversities and development of life values in multiethnic and multicultural environments. In that conte...