The non-enforcement of a final court decision violates the right of access to court. The right of access to court also encompasses the enforcement of judicial decisions that have become final and binding. This is because the obligation to enforce a final and binding judicial decision is an integral and inseparable part of the “proceedings” referred to in Article 6/1 of the Convention. According to the ECtHR, interpreting the right of access to court solely in relation to access to a court and the conduct of proceedings, and excluding the implementation of the decision rendered as a result of the proceedings, is likely to lead to situations incompatible with the principle of the rule of law, which the Contracting States pledged to respect and observe when ratifying the Convention. In this regard, the non-enforcement of a final decision rendered in a case that is decisive for an individual’s civil rights, to the detriment of that individual, renders ineffective the “right of access to court” protected under Article 6/1 of the Convention. Furthermore, the obligation to enforce a final court decision constitutes a clear indication of making the right of access to court effective not only in an abstract and theoretical sense but also in practice. Therefore, Article 6/1 of the Convention clearly protects a legitimate expectation regarding the enforcement of a decision obtained from a court.  (Hornsby/Greece, 1997, 38-42; Bourdov /Russia, 2002, para.33-38; Kravchenko/Russia, 2009; Marini/Albania, 2007, para.22; Apostol/Georgia, 2007, para.54. )

The State cannot impose extra burdens on the person in whose favour a decision has been rendered, for the execution of a decision given against itself. Furthermore, the State cannot put forward its economic inability or lack of other resources as an excuse for not fulfilling its obligation arising from a final court decision rendered against its own institutions. In other words, the State cannot rely on financial impossibility or lack of resources. Such an excuse inevitably violates the right of access to a court. (Immobiliare Saffi / Italy [BD], 1999, pr.74; Bourdov /Russia, 2002, pr.35)