Certiorari Through the Backdoor? – The Judgment by the European Court of Human Rights in Burmych and Others v. Ukraine in Perspective

Ulfstein, Geir; Zimmermann, Andreas J

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Certiorari Through the Backdoor? – The Judgment by the European Court of Human Rights in Burmych and Others v. Ukraine in Perspective

Forthcoming in The Law and Practice of International Courts and Tribunals vol 17 no 2

21 Pages Posted: 29 Jun 2018

See all articles by Geir Ulfstein

Geir Ulfstein

Faculty of Law, University of Oslo; Pluricourts

Andreas J Zimmermann

University of Potsdam

There are 2 versions of this paper

Date Written: March 31, 2018

Abstract

In its Burmych and Others v. Ukraine judgment of October 2017 the European Court of Human Rights has dismissed more than 12.000 applications due to the fact that they were not only repetitive in nature, but also mutatis mutandis identical to applications covered by a previous pilot judgment rendered against Ukraine. This raises fundamental issues as to the role of the Court within the human rights protection system established by the ECHR, as well as those concerning the interrelationship between the Court and the Committee of Ministers.

Keywords: European Court of Human Rights

Suggested Citation: Suggested Citation

Ulfstein, Geir and Zimmermann, Andreas J, Certiorari Through the Backdoor? – The Judgment by the European Court of Human Rights in Burmych and Others v. Ukraine in Perspective (March 31, 2018). Forthcoming in The Law and Practice of International Courts and Tribunals vol 17 no 2, Available at SSRN: https://ssrn.com/abstract=3157613