Enforcing a Strasbourg Judgment in Georgia: the Legal Basis
A judgment of the European Court of Human Rights is an enforceable instrument in Georgia. Under Article 2 of the Georgian Law on Enforcement Proceedings, a decision of the European Court of Human Rights which, in accordance with the Convention for the Protection of Human Rights and Fundamental Freedoms, is binding on Georgia is subject to enforcement under the procedure established by that law. A Strasbourg judgment therefore does not remain an international document only — it enters the Georgian enforcement system and is executed through the national mechanism.
The difference from the general rule is especially important: like ordinary court decisions, enforcement proceedings ordinarily open on the basis of the creditor's written application and an enforcement writ, but with respect to the enforcement of a judgment of the European Court of Human Rights the law establishes a different basis.
Opening Enforcement: the Individual Administrative-Legal Act of the Minister of Justice
Article 25 of the Law on Enforcement Proceedings describes the mechanism precisely: the National Bureau of Enforcement opens enforcement proceedings on the basis of the creditor's written application for compulsory enforcement and an enforcement writ, whereas with respect to the enforcement of a judgment of the European Court of Human Rights — on the basis of an individual administrative-legal act of the Minister of Justice of Georgia. The launching document is thus neither an enforcement writ nor the creditor's application: the basis is the Minister of Justice's individual act.
This mechanism also dictates the practical steps: a party seeking enforcement of a Strasbourg judgment first needs the individual administrative-legal act of the Minister of Justice, and on the basis of that act the National Bureau of Enforcement opens the proceedings. No enforcement writ is required for this category — the law assigns the launching function precisely to the Minister's act.
Territoriality and Manner of Submission
Under Article 25, an enforcement writ and/or an enforceable decision is submitted to the territorial organ of the National Bureau of Enforcement according to the location of the debtor or of his property. When applying to the Bureau with a request to open enforcement proceedings, observance of the territoriality principle is not mandatory if the creditor is a natural person, a legal person of private law or an association of persons without legal personality — for a victim of a human-rights violation this enlarges procedural choice.
Notifying the Debtor and the Possibility of Voluntary Performance
Once proceedings open, the law protects the debtor's rights as well. The National Bureau of Enforcement informs the debtor no later than five days from the commencement of enforcement proceedings. The debtor is notified that, if the claim is performed voluntarily within seven days of the notification, only the corresponding part of the enforcement fee prepaid by the creditor will be imposed, while in case of non-performance — the full amount of the enforcement fee. The debtor is also informed of the rights established by law, the legal consequences of the opening of proceedings, the possible enforcement measures and the manner of obtaining case-specific information.
For monetary claims, together with service of the proposal — or if service in time is impossible — the enforcement officer immediately begins searching for the debtor's property, its description and attachment in the manner established by the law. Monetary obligations flowing from a Strasbourg judgment are thus executed with the same instruments as other enforceable instruments.
What This Mechanism Does Not Cover
A distinction matters: the Georgian enforcement law lists the instruments subject to enforcement, and among them is precisely the decision of the European Court of Human Rights binding on Georgia under the Convention. The form and quantum of the specific substantive obligations, however, are defined by the Strasbourg judgment itself, while at the national level the proceedings follow the general rules of the enforcement law. Procedural details — terms, appeal, order of distribution — are regulated by other provisions of the same law.
Frequently Asked Questions
What opens enforcement of an ECtHR judgment?
Under Article 25, proceedings are opened on the basis of an individual administrative-legal act of the Minister of Justice of Georgia — not on the creditor's application and an enforcement writ, as in the general case.
Why is a Strasbourg judgment binding on Georgia?
Under Article 2 of the enforcement law, a decision of the European Court of Human Rights which, in accordance with the Convention for the Protection of Human Rights and Fundamental Freedoms, is binding on Georgia is subject to enforcement.
When must the debtor be informed?
The National Bureau of Enforcement informs the debtor no later than five days from the commencement of proceedings; a seven-day window for voluntary performance determines how much of the enforcement fee is imposed.
Where is the enforceable decision submitted?
Under Article 25 it goes to the Bureau's territorial organ according to the debtor's or his property's location, but for a natural-person creditor observance of territoriality is not mandatory.
How We Help on Legal.ge
The lawyers of Legal.ge assist with the national enforcement of Strasbourg judgments: preparing the request for the Minister of Justice's individual act, applying to the Bureau, monitoring the course of proceedings and protecting the rights of debtor or creditor. Choose your specialist today on Legal.ge.