Reopening of Proceedings as Legal Means to Achieve Restitutio in Integrum
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Abstract
46 Article of the Convention for the Protection of Human Rights and Fundamental Freedoms covers the undertaking of a respondent State to abide by final judgements of the European Court of Human Rights. This Article elaborates on legal means that help the States to abide by judgements of the said Court. The European Court of Human Rights has on several occasions pointed out that its judgements entail upon a re- spondent State a legal obligation not just to pay those concerned the sums awarded as fair compensation, but also to choose general and/or, if appropriate, individual measures available under the national legal system to put an end to the violation found by the Court and to redress the effects as much as possible. Therefore, according to the interpretations of the European Court of Human Rights, legal measures are general or individual. The general legal measures may be amendments of national legislation, changes in judicial practice; the individual measures - reopening of proceedings at domestic level, repeal of sentences, etc.
The one of the most effective legal remedies which help to implement the principle restitutio in integrum, is the reopening of proceedings. The Article presents the provisions of judgements of the European Court of Human Rights, in which the said procedure was discussed. An analysis is made of Recommendation No. R (2000) 2 of The Committee of Ministers to member states on the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights. This Recommendation proposes the Member States to regulate in appropriate national legislation the provisions providing for re-examination of cases or reopening of proceedings where there is the judgement of the European Court of Human Rights. Besides the above-mentioned, the Article focuses on the analysis of the grounds on which it is allowed to reopen a criminal proceeding in Lithuania pursuant to the procedure laid down Chapter XXXV of the Criminal Procedure Code. The author provides a critical opinion about the present regulation of such grounds and proposes to improve Articles 456 and 457 of the Criminal Procedure Code.
The Article invokes substantial practice of the European Court of Human Rights, which in Lithuania has been hardly analysed from the perspective discussed in the Article.
The one of the most effective legal remedies which help to implement the principle restitutio in integrum, is the reopening of proceedings. The Article presents the provisions of judgements of the European Court of Human Rights, in which the said procedure was discussed. An analysis is made of Recommendation No. R (2000) 2 of The Committee of Ministers to member states on the re-examination or reopening of certain cases at domestic level following judgments of the European Court of Human Rights. This Recommendation proposes the Member States to regulate in appropriate national legislation the provisions providing for re-examination of cases or reopening of proceedings where there is the judgement of the European Court of Human Rights. Besides the above-mentioned, the Article focuses on the analysis of the grounds on which it is allowed to reopen a criminal proceeding in Lithuania pursuant to the procedure laid down Chapter XXXV of the Criminal Procedure Code. The author provides a critical opinion about the present regulation of such grounds and proposes to improve Articles 456 and 457 of the Criminal Procedure Code.
The Article invokes substantial practice of the European Court of Human Rights, which in Lithuania has been hardly analysed from the perspective discussed in the Article.
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