The Execution of Final Judicial Decision as Part of Human Rights Legislation

Valentina Memini

Abstract


The compulsory execution of judicial decisions like that of executive titles is one of the fundamental human rights and it serves to guarantee a regular procedure. Therefore, the decision of an independent and impartial court is meaningless in the case when no execution of a final judgment has taken place. The execution of the final judgment is an intrinsic element of the right for a regular legal process, in the framework of the article 42 of the Constitution and article 6 of the European Convention on Human Rights. The European Court of Human Rights has reached to the conclusion that if any of the parties refuses to abide by a final judgment, then the process has not finished yet, because when a party has won a case, but the decision is not executed, then his/her right are infringed. Based on the Constitutional Court, it could be derived that the execution of the final judgment is the last phase of a judicial process. Only upon the execution of such judgment one could say that the individual has won the case. A fair trial does not consist only to the process of court’s decision-taking, but to the concrete actions taken by the bodies in charge to execute the final judgment. The process of the execution of the final judgment lacks with regard to the compliance with legal procedures, which is an indicator that human rights are broken. Reason to the lack of such compliance could be found to the debtor’s lack of cooperation, indifference of state institutions, lack of a complete procedural legislation, lack of knowledge of the law from those in charge of the judicial decision execution, lack of funds which is especially evident in the case of the execution of the Law for the Return and Compensation of Properties and in the inability to afford the penalties placed by the European Court of Human Rights.

DOI: 10.5901/ajis.2013.v2n8p333


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Academic Journal of Interdisciplinary Studies ISSN 2281 3993(Print) ISSN 2281-4612(Online)

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