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Efectul direct al Convenției în România, traducerea hotărârii CEDO și lipsa necesității de a adopta alte măsuri generale pentru a asigura motivarea corespunzătoare a hotărârilor judecătorești

Resolution CM/ResDH(2011)19

Execution of the judgment of the European Court of Human Rights in the case of

Vlasia Grigore Vasilescu against Romania

(..)

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

– of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
– of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2011)19
Information about the measures to comply with the judgment in the case of

Vlasia Grigore Vasilescu against Romania

Introductory case summary

This case concerns the unfairness of civil proceedings for recovery of possession of land which had been nationalised during the communist regime, due to the domestic courts’ failure to address a decisive argument the applicant had submitted in support of his action (violation of Article 6, paragraph 1).

(..)

II.General measures

The government considers that the violation found in this case stems from the failure of the appellate courts to observe their statutory obligation to give reasons for their decisions. In this connection, it should be noted that under Article 261, paragraph 5 of the Code of Civil Procedure, the courts must necessarily show the points of fact and law their decisions are based on and the reasons that led them to dismiss the parties’ claims. Thus, given the direct effect of the Convention and the case-law of the European Court in Romania, the publication and dissemination of the judgment should guarantee that the courts shall take into account the requirements of Article 6, paragraph 1, set out in this judgment, thus preventing similar violations in the future. To that end, the translation into Romanian of the European Court’s judgment was published in Official Journal No. 587 of 5 August 2008 and the judgment was sent to the Superior Council of Magistracy with a view to its dissemination to all domestic courts and prosecutor’s offices.

Comitetul de Miniștri al Consiliul Europei
(Rezoluția din data de 10 martie 2011, disponibilă aici)

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