The Department for the Execution of Judgments of the European Court of Human Rights (ECHR) has today published a new factsheet on the reopening of domestic judicial proceedings following judgments of the ECHR.
A judgment in which the ECHR finds a violation and imposes on the respondent State the legal obligation to put an end to the violation and to remedy its consequences so as to restore, as far as possible, the situation existing before the violation (principle of restitution in integrity).
The need to improve the capacities offered by national legal systems to ensure the restitution in integrity for claimants has become increasingly evident. Although the European Convention on Human Rights (the Convention) does not contain any provision imposing on States the obligation to provide in their national law for the review or reopening of proceedings, the existence of such possibilities has proved to be an important way, and in some cases the only way, to achieve the restitution in integrity.
This fact sheet provides an overview of the general principles concerning the reopening of national judicial proceedings, as well as examples of relevant state practice, examined by the Committee of Ministers in the context of the execution of ECHR judgments relating to various provisions of the Convention.
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