CASE OF CERNICA AND NARTEA AGAINST THE REPUBLIC OF MOLDOVA AND 1 OTHER CASE

2025-12-10T00:00:00
Resolution CM/ResDH(2025)437 Execution of the judgments of the European Court of Human Rights Two cases against the Republic of Moldova   (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 2521/14 CERNICA AND NARTEA 30/11/2021 30/11/2021 33751/21 DANILIUC 23/01/2025 23/01/2025   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 violations established on account of the failure of the State to enforce final domestic judgments (violation of Article 6 of the Convention and Article 1 of Protocol No. 1);   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 the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2025)1389);   Considering that the question of individual measures was resolved, given that in the Daniliuc case the domestic decision was enforced and that in the Cernica and Nartea case the Court awarded just satisfaction in respect of pecuniary damage, covering the countervalue of the non-enforced domestic judgments;   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 Olaru group of cases 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 non-enforcement of domestic judgments;   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 concerning the non-enforcement of domestic judgments in the Olaru group of cases;   DECIDES to close the examination of these cases.