Strasburskie perpetuum mobile : problem zobowiązań państw wynikających z jednostronnych deklaracji o uznaniu naruszenia EKPC oraz nadzoru nad ich wykonywaniem
Strasbourg's perpetuum mobile : the problem of states' obligations stemming from unilateral declarations acknowledging violations of the ECHR and supervision of their observance
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The paper investigates the role of unilateral declarations of states in the functioning of the ECHR control system, particularly in their relation to the division of competences between the ECtHR and the Committee of Ministers. Unilateral declarations which recognise violations of the Convention, once accepted by the Strasbourg Court, lead to striking out the application from the list of cases. The Court may restore the application if the state in question does not fulfill its declared obligations. Thus the restoration of the application becomes the principal remedy for states' disrespect of their declarations. This mechanism detracts, however, from the Committee of Ministers' competence to oversee the execution of judgments and makes the ECtHR involved in the monitoring process. The recent judgment Jeronovičs v. Latvia (2016) further dismantles the logic of the Convention, because it accepts the admissibility of separate applications pertaining to violations which arise only from the non-execution of unilateral declarations. The paper presents the evolution of unilateral declarations and critically assesses the emancipation of this institution, which diminishes legal certainty and may infringe applicants' rights.
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