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

KFG Working Paper Series, No. 13, Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?”

PluriCourts Research Paper No. 18-01

21 Pages Posted: 7 May 2018

See all articles by Geir Ulfstein

Geir Ulfstein

Faculty of Law, University of Oslo; Pluricourts

Andreas J Zimmermann

University of Potsdam

Multiple version iconThere are 2 versions of this paper

Date Written: April 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 given 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.

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 (April 2018). KFG Working Paper Series, No. 13, Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?”; PluriCourts Research Paper No. 18-01. Available at SSRN: https://ssrn.com/abstract=3159051 or http://dx.doi.org/10.2139/ssrn.3159051

Geir Ulfstein

Faculty of Law, University of Oslo ( email )

PO Box 6706 St Olavsplass
Oslo, 0130
Norway

Pluricourts

Norway

Andreas J Zimmermann (Contact Author)

University of Potsdam ( email )

August-Bebel Strasse 89
Potsdam, 14482
Germany

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