| Article | Pilot Judgments of the European Court of Human Rights as the Instrument for Overcoming Structural Problems of Legal Systems |
|---|---|
| Authors |
Dudash T.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 6 / 2013 |
| Pages | 208 - 219 |
| Annotation | The aim of the article is to make analysis of opportunities, proposed by the European Court of Human Rights («the Court») in his pilot judgments with the aim to solve structural and/or systemic problems of member states of the Council of Europe, as well as to follow up in what way the states realize the proposed opportunities. The concept of pilot judgment is elucidated in the article, distinction is made between pilot judgment, quasi-pilot judgment and other judgments, in which either the article 46 of the Convention of Human Rights and Fundamental Freedoms is applied or the systemic problem is elucidated. The Court doesn't make strict distinction between structural and systemic problems, laying the foundation of human rights' violations. The issues of the Court's judgments execution are analyzed. It is concluded, that efficiency of pilot judgments for the defendant state as well as for the applicants and the potential applicants depends on cooperation between the defendant state and the Court in pilot judgment's execution. |
| Keywords | the European Court of Human Rights, pilot judgment, quasi-pilot judgment, judgment «of the third level», structural and/or systemic problem of legal system, compensatory remedies, preventive remedies. |
| References | |
| Electronic version | Download |