EU Member States failing to implement ECtHR and EU Court of Justice Rulings

Europe
Tue, 24 Sep 2024 9:54 GMT
A report has revealed that European Union (EU) member states are consistently failing to implement rulings from both the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU).
EU Member States failing to implement ECtHR and EU Court of Justice Rulings

The report, titled "Non-Implementation of European Court Decisions and the Rule of Law," was prepared by European think tanks and highlights the systemic and significant problems in 624 ECtHR rulings that remain unenforced across EU countries as of January 1, 2024.

The report stresses that these rulings address deep-rooted and structural issues that require comprehensive reforms. The EU countries' consistent failure to implement them has been deemed a threat to democracy and the rule of law.

Regarding CJEU rulings over the last five years, the report reveals that only half of the 201 rulings related to the rule of law were fully adhered to. Furthermore, 71% of these rulings were either not followed or only partially implemented, with more than 60% awaiting enforcement for over two years.

Romania and Hungary Among the Worst Offenders

The report identifies Romania and Hungary as the EU countries with the worst track records in implementing court decisions. In Hungary, 76% of ECtHR rulings from the past decade remain unimplemented. Romania holds the highest number of pending rulings, with 115 cases yet to be enforced.

Across all EU member states, only 44% of ECtHR rulings from the past decade have been implemented.

EU Urged to Take Action

The report calls on the European Commission to intensify efforts to ensure that member states enforce rulings from both courts, emphasizing the need for judicial decisions to bring about tangible change.

Greece Still Fails to Implement 16-Year-Old ECtHR Ruling on Xanthi Turkish Union

A specific case highlighted in the report concerns Greece’s failure to implement a European Court of Human Rights ruling from 2008 regarding the Xanthi Turkish Union (İTB). Despite the ECtHR ruling in favor of the İTB and the Rodopi Turkish Women’s Cultural Association 16 years ago, Greece has yet to comply with the decision.

In its March 27, 2008 ruling, the ECtHR unanimously found in favor of these two minority Turkish organizations and condemned Greece. However, the country has still not enforced the ruling, leaving the situation unresolved after more than a decade.

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