The execution of judgments of the European court of human rights with particular reference to Malta and the United Kingdom

Abstract

The European Court of Human Rights is tasked with safeguarding human rights of all persons within the jurisdiction of any of the High Contracting Parties. Moreover the Committee of Ministers is entrusted with the responsibility of supervising the execution of judgments handed down by the Court. Over the years, the number of judgments has increased drastically, making supervision a more difficult task every year. Through the reform of the European Convention on Human Rights, the Committee is ensuring that it remains relevant in modern times and that its supervision is successful. Furthermore, the Committee is putting more pressure on Member States, to put in place the right mechanisms to ensure the swift execution of judgments. It remains therefore the responsibility of Member States to make sure that there is the political will on a domestic level not only comply with judgments of the European Court, but also to take note of all judgments handed down and prevent violations from taking place. In performing its supervision, the Committee must ensure that a fair balance is struck between the pressure being placed upon a State to execute a judgment and the upholding of the principle of subsidiarity, which gives a State the space to work, without feeling intruded by the decisions taken in Strasbourg. Both Malta and the United Kingdom have a good track record of implementing general measures. Nevertheless, there is room for improvement, and in Malta, had the executive taken note of past decisions of the Court, violations could have been prevented. With regards to the United Kingdom, it remains to be seen how the prisoner disenfranchisement will be affecting the future of the county as a party to the Convention.