A Few Considerations with Regard to the Case-Law of the ECHR in Connection to the Enforcement of Final Judgements in the Matter of Land Resources

Abstract

The case-law of the ECHR, but also national jurisprudence, clearly states that each state must enforce a final and binding court decision in the matter of land ownership within a reasonable time in order for there to be an effective remedy and a just and equitable satisfaction, avoiding a sanction for the violation of Art. 6 of the Convention. In accordance with the case-law of the ECHR, the present study shows that the right to a court would be illusory if the legal order were to allow for a final court ruling to impair the litigant’s right to enforcement of the judgment. In accordance with the case-law of the ECHR, the enforcing of a judicial decision must be viewed as part of the lawsuit, and an unreasonably long delay in the enforcement of a binding judgment may breach the Convention. I have reached the conclusion that a person who has obtained a final and binding judgment against the State may not be expected to bring separate enforcement proceedings at the end of legal proceedings. In such instances, State authorities carry the burden to ensure compliance with a judgment against the State.