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Konstantin Terehov

Pilot judgments of the European court of Human Rights: introduction to sysytem analysis

2011. No. 4. P. 52–60 [issue contents]

The publication highlights the key points associated with the analysis of 13 pilot judgments made by the European Court on Human Rights between 2004 and 2010. The sources analyzed are the rules, judgments, press releases of the Court, the Convention for the Protection of Human Rights and Fundamental Freedoms, resolutions of the Committee of Ministers as well as the works of Russian and foreign lawyers. The author attempts to design the concept of a pilot judgment which is absent in legal literature and most EU formal documents. It has been noted that the procedure of pilot judgments was codified in the Rules of the European Court only in 2011 and the Committee of Ministers is entitled to apply to court. Besides, the European Court may initiate the procedure of a pilot judgment by its own initiative. The article attempts to describe and research the causes and special legal grounds to making such a judgment. Among such causes, the author mentions the violation of rule to examine a case within a reasonable period, non-implementation of the judgments by executive power, non-payment of compensation, expropriation of property, limitation of rights for tenants, limitation of rights for the imprisoned and disciplinary procedures applied in penal institutions. The article pays attention to the fact that the absolute majority of the pilot judgments of the European Court on Human Rights has been made against Eastern Europe. However, three pilot judgments have been made against Western states including the UK, Germany and Italy. The author describes a framework of pilot judgments. The author hopes that the work will contribute to the complex concept of pilot judgments made by the European Court on Human Rights.

Citation: Terehov Konstantin Ilyich (2011) Pilotnye postanovleniya, vynosimye Evropeyskim sudom po pravam cheloveka: vvedenie v sistemnyy analiz yavleniya [Pilot judgments of the European court of Human Rights: introduction to sysytem analysis] Pravo. Zhurnal Vysshey shkoly ekonomiki, 4, pp. 52-60 (in Russian)
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