The regional protection of human rights before the European Court of Human
Rights is indisputably the most efficient, and it is constantly evolving.
Despite this, we have recently started to detect some problems with the
execution of judgments that have revealed structural or systemic problems in
the domestic law. Maintaining the authority of the Court's judgments is
fundamental for the functioning of the established system of human rights
protection. Significant news concerning the execution of judgments of the
European Court of Human Rights is that the refusal of the responsible country
to execute one judgment has recently led to the application of the procedure
from Protocol No.14 for the first time. In this context, the necessity of
this procedure is questionable. Although the majority have required the
triggering of this procedure, it is unlikely that it will be applied to all
judgments which are not executed. Judgments of the European Court of Human
Rights are largely respected, but sometimes this is not the case, usually
when the judgment is associated with politically sensitive issues, or when
the execution of judgement requires significant or complex interventions in
domestic legal order. The question is, will any special procedures for
monitoring enable the execution of such judgments. The author concludes that
this seems unlikely. It should also be noted that the European Court of Human
Rights has started ordering very specific non-pecuniary measures in its
judgements, hoping that this will improve the level of judgment enforcement.
In our opinion, this approach should be applied with caution. [Project of the
Serbian Ministry of Education, Science and Technological Development, Grant
no. 179029: Srbija u savremenim medjunarodnim odnosima: Strateski pravci
razvoja i ucvrscivanja polozaja Srbije u medjunarodnim integrativnim procesima
-spoljnopoliticki, medjunarodni ekonomski, pravni i bezbednosni aspekti]