Two Birds With One Stone? Governments’ Unilateral Declarations Before the ECtHR and the Reopening of Domestic Proceedings

What is it about?

The contribution deals with the European Court of Human Rights' practice concerning the acceptance of unilateral declarations, issued by the respondent Governments, in cases in which the redress of the alleged violations demands a retrial or the reopening of the relevant domestic proceedings. It assesses the conditions for accepting unilateral declarations in similar cases, and provides information on the law and practice of Member States related to the possibility of obtaining reopening of domestic proceedings following unilateral declarations issued before the Court. It further clarifies which are the safeguards, for the applicants, and the consequences, for the respondent Governments, in cases of non-compliance with unilateral declarations undertaking to reopen domestic proceedings.

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