EU member states have consistently failed to fully implement rulings from both the European Court of Human Rights (ECtHR) and the Court of Justice of the EU (CJEU), a report has found, undermining democracy and the rule of law in the EU.
A report released on Monday (19 September) by Democracy Reporting International (DRI), in collaboration with the European Implementation Network (EIN), reveals that as of 1 January 2024, EU member states had 624 leading ECtHR judgments pending implementation. This marks a slight increase from 2022 (616) and 2021 (602).
Leading ECtHR judgments identify human rights violations in a country for the first time. They often highlight systemic or structural issues that require comprehensive reforms to address.
The study found that only about half of the 201 CJEU rulings related to the rule of law issued in the past five years have been fully complied with. Among the 101 rulings examined, there is clear evidence of no or partial compliance for 71, with over 60% of these pending implementation for two years or more.
Romania and Hungary rank highest among countries struggling to implement the court’s rulings.
In 2023, nearly 76% of leading ECtHR rulings from the last decade are still awaiting implementation in Hungary. Meanwhile, Romania holds the highest number of pending leading judgments, with a total of 115.
Across all member states, 44% of leading ECtHR judgments over the past decade remain not yet fully implemented, up from 40% in 2022 and 37.5% in 2021.
On the other hand, the report found that national governments tend to follow CJEU rulings but fall short of full compliance.
Romania and Hungary continue to lag behind, with a significant portion of rulings from the CJEU either delayed for more than two years or only partially enforced.
Romania has partially complied with 83.33% of its rulings, while Hungary’s partial compliance rate stands at 52.6%.
Delays are widespread in both countries, with 50% of Romania’s and 66% of Hungary’s rulings remaining unresolved for more than two years.
In its recommendations, the report urges the EU to step up and fund efforts to boost enforcement of rulings from both courts.
It calls on the European Commission to provide support for initiatives, especially those led by civil society groups and the Council of Europe, to ensure member states are held accountable and human rights are upheld across the bloc. Alongside country-specific recommendations, this call for EU-wide action underscores the importance of turning legal judgments into concrete change.
The European Court of Human Rights (ECtHR) was established in 1959 under the European Convention on Human Rights (ECHR). The Court is part of the Council of Europe and plays a vital role in protecting human rights, fundamental freedoms, and the rule of law across Europe. Although the court’s rulings are binding, there are challenges with enforcement, as implementation relies on the willingness of national governments.
The Court of Justice of the European Union (CJEU) is the highest court in the European Union (EU) for interpreting EU law and ensuring its uniform application across all member states. The European Commission is responsible for overseeing the implementation of the CJEU rulings.
[Edited by Owen Morgan]
Source: euractiv.com
