CASE OF BRĂNIȘTEANU AND OTHERS AGAINST ROMANIA AND 1 OTHER CASE

Resolution CM/ResDH(2025)445 Execution of the judgments of the European Court of Human Rights Two cases against Romania   (Adopted by the Committee of Ministers on 10 December 2025 at the 1546th meeting of the Ministers' Deputies)   Application No. Case Judgment of Final on 10600/18 BRĂNIȘTEANU AND OTHERS 30/11/2023 30/11/2023 9233/21 URSEI 18/01/2024 18/01/2024   The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),   Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violation established on account of the unjustified restriction on voting rights of applicants serving a prison sentence outside the electoral constituency of their place of residence;   Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:   -          of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and -          of general measures preventing similar violations;   Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;   Having examined the action report provided by the government indicating the individual measures adopted to execute these judgments and noting that no award of just satisfaction was made by the Court in these cases (see document DH-DD(2025)1218);   Considering that the question of individual measures was resolved, given that the applicants no longer suffer any consequences as a result of the violation found by the Court;   Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the case Mironescu v. Romania (No. 17504/18), also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the unjustified restriction on voting rights of applicants serving a prison sentence outside the electoral constituency of their place of residence;   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;   CONCLUDES that the necessary individual measures have been adopted;   DECIDES to continue to supervise the adoption of the necessary general measures the unjustified restriction on voting rights of applicants serving a prison sentence outside the electoral constituency of their place of residence in the case Mironescu v. Romania (No. 17504/18);   DECIDES to close the examination of these cases.