Serial Article
| DOI |
10.7336/academicus.2015.12.02 |
| URL |
https://academicus.edu.al/?subpage=volumes&nr=12 |
| Multiple Resolution: |
| MR URL |
https://academicus.edu.al |
| MR URL |
https://academicus.edu.al/nr12/Academicus-MMXV-12-038-046.html |
| MR URL |
https://academicus.edu.al/nr12/Academicus-MMXV-12-038-046.pdf |
| MR URL |
mailto:info@academicus.edu.al |
| MR URL |
https://academicus.edu.al/images/front_end/academicus.jpg |
| MR URL |
https://creativecommons.org/licenses/by-nc-nd/4.0/ |
| Acess Indicators: |
|
OA – Open Access |
| OA License |
https://creativecommons.org/licenses/by-nc-nd/4.0/ |
Full Title
English
(eng)
|
Academicus International Scientific Journal |
| Publisher (01) |
Academicus International Scientific Journal |
| Country of publication |
Albania
(AL)
|
|
ISSN
|
20793715 |
| Product Form |
Printed Journal
(JB)
|
|
ISSN
|
23091088 |
| Product Form |
Online Journal
(JD)
|
| Journal Volume Number |
12 |
| Journal Issue Date (YYYY/MM) |
2015 / 07 |
Title
English
(eng)
|
Practice of European Court of Human Rights (ECHR) in the enforcement of courts’ final decisions |
|
By (author)
(A01)
|
Alkelina Gazidede |
| Affiliation |
Faculty of Law, University of Tirana, Albania, Doctoral Candidate |
| Number of Pages |
9 |
| First Page |
38 |
| Last Page |
46 |
| Language of text |
English
(eng)
|
| Publication Date (YYYY/MM) |
2015 / 07 |
| Copyright |
2015, Academicus |
Abstract
Main description
(01)
|
The paper aims at highlighting the importance of enforcement of judicial decisions as a key factor in building Rule of Law.
As courts do not have the opportunity to lead themselves the process of decisions’s execution and the respective institutions
have performed poor results, many cases are presented in front of European Court of Human Rights due to the lack of efficiency
in executing judicial decisions. Obtaining a favorable judicial decision does not imply necessarily the fulfillment of the
general purpose, and ECHR through it’s judgements has argued that the right to proper administration of justice implies that
the enforcement of court decisions should itself be effective and efficient. Being considered as a compulsory provision for
the successful conclusion of a legal process, the enforcment of courts’ final decisions within a reasonable time is an essential
element of a fair trial. Also, this paper analyses the circumstances when excuses such as case complexity or lack of funds
are considered objective and what is the responsibility of the states toward organizing their judicial system so that the
justice is awarded.
|
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|
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