RWI Contributes to the Workshops on Fundamental Rights with the Expertise on the Execution of ECtHR Judgments in Systematic and Structural Cases

By Olga Gaponenco, Halyna Kokhan, Programme Officers 

On 30 January 2026, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI) contributed to the Workshops on Fundamental Rights held by international technical assistance projects for the Ministry of Justice of Ukraine and other state authorities by delivering an expert presentation on the execution of European Court of Human Rights (ECtHR) judgments addressing structural and systemic violations. 

The presentation was delivered by Arlind Puka, Consultant at RWI, within the framework of the Rule of Law Roadmap (RoL RM) Thematic Workshops on Fundamental Rights, organised by EU Pravo Justice and other technical assistance projects. The workshops were supported by the European Union, Expertise France, and the Council of Europe, and took place in a hybrid format in Kyiv and online between 21–23 and 28–30 January 2026.  

Supporting the Implementation of the Rule of Law Roadmap 

In May 2025, the Government of Ukraine adopted the Rule of Law Roadmap, a strategic document outlining Ukraine’s commitments to align its rule of law sector with the EU acquis and European standards in the context of EU accession. The Roadmap is structured around four thematic pillars: Judiciary, Anti-Corruption, Justice, Freedom and Security, and Fundamental Rights. 

The thematic Workshops on Fundamental Rights aimed to deepen the understanding of European and international standards on fundamental rights among Ukrainian state authorities at bothn political and technical levels. Rather than offering ready-made solutions, the workshops presented international, European, and Council of Europe standards alongside Ukrainian perspectives, aiming to equip participants with comparative knowledge of how similar challenges are addressed across EU Member States and Council of Europe countries, enabling evidence-based and sustainable reform processes. 

From Judgments to Systemic Change: RWI’s Contribution 

RWI’s presentation, entitled “From Verdicts to Impact – Implementing ECtHR Judgments”, focused on the persistent challenges surrounding the execution of ECtHR judgments, particularly those concerning structural and systemic violations. The session examined why such cases remain difficult to close, and what practical factors enable judgments to translate into meaningful reforms. 

The presentation was structured around four core questions: 

  • why structural cases remain difficult to execute; 
  • how the ECtHR addresses systemic violations; 
  • what comparative practice from Council of Europe Member States reveals about effective implementation; and 
  • which practical and institutional factors help transform judgments into concrete reforms. 

The discussion emphasised that execution of ECtHR judgments is a binding legal obligation under Article 46 of the European Convention on Human Rights, and an integral component of effective human rights protection. Drawing on landmark case-law – including Hornsby v. GreeceBroniowski v. Poland, and subsequent pilot judgments – the presentation highlighted how systemic and structural violations require general measures, such as legislative change, institutional reform, and the establishment of effective domestic remedies. 

Recurrent Structural Challenges and Comparative Practice 

The presentation explored recurring areas of structural violations identified in the Court’s case-law, including the non-execution of domestic judgments, inadequate detention conditions, and excessive length of judicial proceedings. These clusters illustrate that violations often stem from deep-rooted deficiencies in legal and administrative systems rather than isolated failures. 

Comparative practice from Council of Europe Member States like Italy, Poland, Greece and others demonstrated that successful execution depends on systemic responses, clear allocation of responsibilities among state institutions, effective national coordination mechanisms, and measurable timelines. The role of political ownership, parliamentary oversight, and adequate budgetary planning was highlighted as critical for ensuring sustainable compliance. 

In addition, the presentation underlined the important contribution of civil society in monitoring implementation, supporting transparency, and reinforcing domestic accountability throughout the execution process. 

Participation and Engagement 

The workshop session brought together a broad range of Ukrainian state representatives, with 32 participants joining online and 15 participating in person. The hybrid format facilitated inclusive engagement and allowed for exchange between policymakers, civil servants, and international experts. 

RWI’s Programme in Ukraine 

RWI’s contribution to the workshops forms part of its broader engagement in Ukraine aimed at strengthening national human rights protection systems in line with European and international standards. Through its programme in Ukraine, RWI supports state institutions, legal professionals, and civil society actors in translating international human rights obligations into effective domestic practice. 

A core focus of RWI’s work is enhancing institutional capacity to implement ECtHR judgments, promote rule of law reforms, and support Ukraine’s alignment with the EU acquis in the context of the EU accession process. By providing expert analysis, comparative perspectives, and practical guidance, RWI contributes to strengthening the foundations for sustainable, evidence-based reforms and reinforcing Ukraine’s commitment to making human rights protections practical and effective. 

Funders and Acknowledgments 

This initiative is implemented under the RWI’s Human Rights Infrastructure for Ukraine (HRIU) Programme (2025–2027), funded by the Swedish International Development Cooperation Agency (Sida).  

To learn more about RWI’s work in Ukraine, visit: Our work in Ukraine – The Raoul Wallenberg Institute of Human Rights and Humanitarian Law. 

 

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