ABSTRACT
The starting points are the binding effects and the declaratory nature of the Court’s judgments. The Committee of Ministers, which examines compliance with these obligations, has limited powers. Apart from requesting a state to provide further information as to implementation of a particular judgment, the Committee of Ministers has no other means of enforcement, except of course the so-far theoretical possibility of expelling a state from the Council of Europe. Government reactions to the Court’s up-dated role have been surprisingly muted. It is true that in the case of V. Konstantin Markin Russia, concerning the discrimination of male Russian soldiers as regards parental leave, the Court was criticised for overstepping its boundaries when the Chamber judgment recommended as being desirable certain changes in the domestic legislation. While the Court appears, at least for the time being, to be set on its course, the criticism must certainly be discussed seriously and thoroughly.
