THE PILOT JUDGMENT PROCEDURE OF THE EUROPEAN COURT OF HUMAN RIGHTS: LEGAL NATURE AND CONTENT
Rubrics: INTERNATIONAL LAW, EUROPEAN LAW
Authors:
Type:
Article
Pages:
from 126
to 132
Status:
Published
Received:
13.06.2017
Accepted:
10.07.2017
Published:
10.07.2017
Subject area:
UDK 34 Право. Юридические науки
BBK 67 Право. Юридические науки
BBK 67 Право. Юридические науки
Language:
Russian, English
Keywords:
pilot judgment procedure, pilot judgments, the European court of human rights, Convention for the protection of human rights and fundamental freedoms, systemic (structural) problems, the mechanism of protection of human rights.
Abstract (English):
This article is devoted to analysis of the legal nature and essence of the procedure of pilot judgments of the European Court of Human Rights. The article contains the reviews and ratings ECtHR judges and scholars regarding the procedure of the pilot judgments. The author examines the terminology used in the framework of the pilot judgment procedure, taking into account the views of other researchers on the definition of a pilot judgment and other phenomena that are contained in the procedure for pilot judgments. Among the objectives of the pilot judgment procedure, the author focuses on ensuring effective execution of court decisions in the future by specifying by ECtHR for the states the defendants to an effective remedy for structural or systemic problems. In addition, the author considers such a category as “quasipilot” judgments in which the ECtHR expresses concerns about the systemic problem identified in the legal system of the respondent state, however, does not mandate or oblige to take measures of a general nature. The article also analyses the constituent elements of the procedure of pilot judgments, assesses the effectiveness of pilot judgment procedure, with reference to separate submitted to the pilot judgments of the European Court. It is noted that the elements of a pilot judgment are uncertain, since it formed and is enshrined in various regulations. In the final part of the article it is noted that there is a need and the need for further improvement and regulation of standards, regulations that would fully reveal the essence of the paradigm of the development procedure. The author notes that the development of the pilot judgment procedure can be possible for the study and in subsequent application developments for improving the procedure for pilot judgments.
This article is devoted to analysis of the legal nature and essence of the procedure of pilot judgments of the European Court of Human Rights. The article contains the reviews and ratings ECtHR judges and scholars regarding the procedure of the pilot judgments. The author examines the terminology used in the framework of the pilot judgment procedure, taking into account the views of other researchers on the definition of a pilot judgment and other phenomena that are contained in the procedure for pilot judgments. Among the objectives of the pilot judgment procedure, the author focuses on ensuring effective execution of court decisions in the future by specifying by ECtHR for the states the defendants to an effective remedy for structural or systemic problems. In addition, the author considers such a category as “quasipilot” judgments in which the ECtHR expresses concerns about the systemic problem identified in the legal system of the respondent state, however, does not mandate or oblige to take measures of a general nature. The article also analyses the constituent elements of the procedure of pilot judgments, assesses the effectiveness of pilot judgment procedure, with reference to separate submitted to the pilot judgments of the European Court. It is noted that the elements of a pilot judgment are uncertain, since it formed and is enshrined in various regulations. In the final part of the article it is noted that there is a need and the need for further improvement and regulation of standards, regulations that would fully reveal the essence of the paradigm of the development procedure. The author notes that the development of the pilot judgment procedure can be possible for the study and in subsequent application developments for improving the procedure for pilot judgments.
Keywords:
pilot judgment procedure, pilot judgments, the European court of human rights, Convention for the protection of human rights and fundamental freedoms, systemic (structural) problems, the mechanism of protection of human rights.
pilot judgment procedure, pilot judgments, the European court of human rights, Convention for the protection of human rights and fundamental freedoms, systemic (structural) problems, the mechanism of protection of human rights.
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