Serial Article
| DOI |
10.7336/academicus.2016.13.07 |
| URL |
https://academicus.edu.al/?subpage=volumes&nr=13 |
| Multiple Resolution: |
| MR URL |
https://academicus.edu.al |
| MR URL |
https://academicus.edu.al/nr13/Academicus-MMXVI-13-103-111.html |
| MR URL |
https://academicus.edu.al/nr13/Academicus-MMXVI-13-103-111.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 |
13 |
| Journal Issue Date (YYYY/MM) |
2016 / 01 |
Title
English
(eng)
|
European Council’s member states’ jurisdiction regarding the execution of court decisions and it’s issues |
|
By (author)
(A01)
|
Alkelina Gazidede |
| Affiliation |
Faculty of Law, University of Tirana, Albania, Doctoral Candidate |
| Number of Pages |
9 |
| First Page |
103 |
| Last Page |
111 |
| Language of text |
English
(eng)
|
| Publication Date (YYYY/MM) |
2016 / 01 |
| Copyright |
2016, Academicus |
Abstract
Main description
(01)
|
European Court of Human Rights states that the execution of final decisions is a compulsory provision for a fair hearing and
a successful conlusion of a trial. The right to a court protected by Article 6 would be illusory if a Contracting State’s
domestic legal system allowed a final, binding judicial decision to remain inoperative to the detriment of one party. Execution
of a judgment given by any court, is considered to be an integral part of the “trial” for the purposes of Article 6. Based
on the Article 1 of European Convention for Human Rights member states of European Council are obligated to implement the
the decisions of ECHR in their domestic legislation in the context of building an efficient legal system. This paper aimes
to analyze the legal system of member states regarding the reinforcment of decisions looking forword to identify issues, commonalities
and diferences among states. What is the procedure followed in the process of execution? What do we understand with “Reasonable
timeframe” and which are the legal requirements in which are based “Concrete deadlines” within a judicial decision should
be executed? What is the significance of the enforcment agents in this process?
|
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|
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