Academicus International Scientific Journal

Title:
European Council’s member states’ jurisdiction regarding the execution of court decisions and it’s issues  

Author(s):
Doctoral Candidate Alkelina Gazidede
alkelina@gmail.com
Faculty of Law, University of Tirana, Albania

Abstract:
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?

Keywords:
jurisprudence; fair trail; domestic legislation; effeciant legal system; reasonable timeframe; legal requirements; concrete deadlines

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Licensing:   Creative Commons License
The article's content ©Academicus™ European Council’s member states’ jurisdiction regarding the execution of court decisions and it’s issues by Doctoral Candidate Alkelina Gazidede is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Presented: September 2015
Included for Publishing: December 2015
Published: January 2016, Volume 7, Issue 13

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International Scientific Journal

pISSN 2079-3715
eISSN 2309-1088

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