CASE OF STAN AGAINST ROMANIA

2026-04-29T00:00:00
Resolution CM/ResDH(2026)88 Execution of the judgment of the European Court of Human Rights Stan against Romania   (Adopted by the Committee of Ministers on 29 April 2026 at the 1558th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 24362/11 STAN 30/06/2015 14/12/2015   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 judgment transmitted by the Court to the Committee in this case and to the violation of Article 1 of Protocol No. 1 to the Convention established on account of the interference with the applicant’s right to the peaceful enjoyment of her possessions arising from a de facto expropriation, as well as to the violation of Article 6 of the Convention established on account of the failure of the public authorities to comply with a final judicial decision;   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 measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2026)164);   Considering that the question of individual measures was resolved, given that the just satisfaction awarded by the Court was paid and that the applicant was granted compensation for the expropriated land;   Recalling that the question of general measures concerning the interference with the applicant’s right to the peaceful enjoyment of possessions arising from a de facto expropriation (violation of Article 1 of Protocol No. 1 to the Convention) has been examined in the Vergu v. Romania case (see Final Resolution CM/ResDH(2017)243);   Recalling that the question of general measures concerning the non-implementation or delayed implementation of final domestic court decisions delivered against the State or legal persons under the responsibility of the State (violation of Article 6 of the Convention) continues to be examined in the Săcăleanu v. Romania group of cases, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required concerning this issue;   Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;   CONCLUDES that the question of individual measures has been resolved;   DECIDES to continue to supervise the adoption of the necessary general measures concerning the non-implementation or delayed implementation of final domestic court decisions delivered against the State or legal persons under the responsibility of the State in the Săcăleanu v. Romania group of cases; and   DECIDES to close the examination of this case.