On the Power of the European Court of Human Rights to Order Specific Non-monetary Measures: Some Remarks in Light of the Assanidze, Broniowski and Sejdovic Cases

In the field of the European Convention of Human Rights (ECHR or the Convention), an interesting and controversial issue concerns the powers of the European Court of Human Rights (Court) to order specific non-monetary remedies for violations of the Convention. The ECHR does not expressly provide for such a power. According to Article 41 of the Convention, the Court may only afford just satisfaction to victims when the domestic law of the respondent State ‘allows only partial reparation to be made’.1 Furthermore, Article 46 of the Convention provides that judgments of the Court are binding on the respondent State, and their execution will be supervised by the Committee of Ministers of the Council of Europe.2 On the basis of these provisions, traditionally the Court has recognised that a judgment that establishes a violation of the ECHR has a ‘declaratory’ character, and it is for the respondent State...