M.S.S. v. BELGIUM AND GREECE JUDGMENT
83
VII. APPLICATION OF ARTICLES 46 AND 41 OF THE CONVENTION
A. Article 46 of the Convention
398. Article 46 of the Convention provides:
“1. The High Contracting Parties undertake to abide by the final judgment of the
Court in any case to which they are parties.
2. The final judgment of the Court shall be transmitted to the Committee of
Ministers, which shall supervise its execution.”
399. Under Article 46 of the Convention, the High Contracting Parties
undertake to abide by the final judgment of the Court in the cases to which
they are parties, the Committee of Ministers being responsible for
supervising the execution of the judgments. This means that when the Court
finds a violation the respondent State is legally bound not only to pay the
interested parties the sums awarded in just satisfaction under Article 41, but
also to adopt the necessary general and/or, where applicable, individual
measures. As the Court’s judgments are essentially declaratory in nature, it
is primarily for the State concerned to choose, subject to supervision by the
Committee of Ministers, the means to be used in order to discharge its legal
obligation under Article 46 of the Convention, provided that those means
are compatible with the conclusions contained in the Court’s judgment. In
certain particular situations, however, the Court may find it useful to
indicate to the respondent State the type of measures that might be taken in
order to put an end to the – often systemic – situation that gave rise to the
finding of a violation (see, for example, Öcalan v. Turkey [GC],
no. 46221/99, § 210, ECHR 2005-IV, and Popov v. Russia, no. 26853/04,
§ 263, 13 July 2006). Sometimes the nature of the violation found may be
such as to leave no real choice as to the measures required to remedy it (see
Assanidze v. Georgia [GC], no. 71503/01, § 198, ECHR 2004-II, and Verein
gegen Tierfabriken Schweiz (VgT) v. Switzerland (no. 2) [GC],
no. 32772/02, §§ 85 and 88, ECHR 2009).
400. In the instant case, the Court considers it necessary to indicate
some individual measures required for the execution of the present
judgment in respect of the applicant, without prejudice to the general
measures required to prevent other similar violations in the future (see,
mutatis mutandis, Broniowski v. Poland [GC], no. 31443/96, § 193, ECHR
2004-V).
401. The Court has found a violation by Greece of Article 3 of the
Convention because of the applicant’s living conditions in Greece combined
with the prolonged uncertainty in which he lived and the lack of any
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات