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The Pilot Judgment Procedure at the European Court of Human Rights: Possibilities and Challenges

Nomiko Vima (The Greek Law Journal), Vol. 57, pp. 1890-1902, 2009

15 Pages Posted: 1 Dec 2009 Last revised: 11 Mar 2010

Antoine Buyse

Utrecht University School of Law (the Netherlands); Utrecht University School of Law (the Netherlands); Netherlands Institute of Human Rights (SIM) ; Utrecht University - Faculty of Law

Date Written: November 27, 2009

Abstract

The fiftieth anniversary of the European Court of Human Rights this year is an occasion for both celebration and apprehension. From a timid beginning the Court has grown into a full-time institution successfully dealing with thousands of cases each year. Its case law is generally perceived to be among the most developed and extensive of all international human rights institutions and most of its judgments are routinely implemented by the state parties to the European Convention on Human Rights (ECHR).

However, for over a decade dark clouds have been gathering over Strasbourg. The number of applications has been rising so sharply – partly due to the accession of a large number of new state parties to the ECHR – that the very work and survival of the Court seems to be at risk. It is precisely because of these high numbers that the Court has started to deal creatively with large-scale violations of human rights by way of so-called pilot judgments. This article will assess this new phenomenon which holds the promise of being the most creative tool the Court has developed in its first fifty years of its existence. First, it will look at what pilot judgments are and in which cases the Court has applied the pilot methodology. Secondly, the main reasons for setting up the pilot judgment procedure will be considered. Finally, this article will analyse the challenges the pilot judgment procedure faces, such as its legal basis and the position of applicants in comparable cases.

Keywords: ECHR, European Court of Human Rights, Pilot Judgments

Suggested Citation

Buyse, Antoine, The Pilot Judgment Procedure at the European Court of Human Rights: Possibilities and Challenges (November 27, 2009). Nomiko Vima (The Greek Law Journal), Vol. 57, pp. 1890-1902, 2009 . Available at SSRN: https://ssrn.com/abstract=1514441

Antoine Buyse (Contact Author)

Utrecht University School of Law (the Netherlands) ( email )

Utrecht University School of Law (the Netherlands) ( email )

Netherlands Institute of Human Rights (SIM) ( email )

Achter sint Pieter 200
Utrecht, 3512 HT
Netherlands
+31.30.253.8510 (Phone)

HOME PAGE: http://https://www.uu.nl/staff/ACBuyse/0

Utrecht University - Faculty of Law ( email )

Achter sint Pieter 200
Utrecht, 3512 HT
Netherlands
+31.30.253.8510 (Phone)

HOME PAGE: http://https://www.uu.nl/staff/ACBuyse/0

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