Testing Institutional Equilibrium in the First Infringement Procedure Before the ECtHR
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Abstract
Following the changes to art. 46 ECHR, introduced by Protocol 14, the Committee of Ministers of the Council of Europe may ask the European Court on human rights to ascertain the violation by a State of the obligation to comply with its judgments. This infringement procedure, regulated by par. 4 and 5 of art. 46 ECHR, has been activated for the first time in 2017 against Azerbaijan. The judgement adopted in 2019 shows that the ‘jurisdictionalization’ of the execution phase did not alter the balance of competences between the Court and the Committee, while confirming its strong strategic meaning.
Keywords
- Committee of Ministers
- execution
- art. 46 ECHR
- infringement procedure
- Ilgar Mammadov
