European Human Rights and Fundamental Freedoms
Protocol 14, Article 16
Article 46 of the Convention shall be amended
to read as follows:
Convention Article 46 : Binding force and execution of judgments
- The High Contracting Parties undertake to abide by the final judgment of the
Court in any case to which they are parties.
- The final judgment of the Court shall be transmitted to the Committee of
Ministers, which shall supervise its execution.
- If the Committee of Ministers considers that the supervision of the execution
of a final judgment is hindered by a problem of interpretation of the judgment,
it may refer the matter to the Court for a ruling on the question of interpretation.
A referral decision shall require a majority vote of two thirds of the
representatives entitled to sit on the Committee.
- If the Committee of Ministers considers that a High Contracting Party refuses
to abide by a final judgment in a case to which it is a party, it may, after
serving formal notice on that Party and by decision adopted by a majority vote
of two thirds of the representatives entitled to sit on the Committee, refer to
the Court the question whether that Party has failed to fulfil its obligation
under paragraph 1.
- If the Court finds a violation of paragraph 1, it shall refer the case to the
Committee of Ministers for consideration of the measures to be taken. If the
Court finds no violation of paragraph 1, it shall refer the case to the
Committee of Ministers, which shall close its examination of the case.