The pilot-judgement procedure of the European Court of Human Rights / by Dominik Haider.

• Author: Haider, Dominik.
• Year of Publication: 2013
• Language: English
• Physical Description: 1 online resource (347 p.)
• Notes: Description based upon print version of record.

Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.

Table of Contents

Preliminary Material -- The Overload of the Strasbourg System -- The Steps of Examination to be Conducted -- Overview -- Judicial Development Leading to Pilot Judgments -- Political Context and Development -- Conclusion -- Overview -- Definitions -- The Elements of the Pilot-Judgment Procedure -- Conclusion -- Overview -- Obligation to Implement the Convention -- Obligation to Abide by Judgments of the Court -- Pilot Judgments: A New Approach to Redress? -- Overview -- Pilot Judgments and the Individual Complaints Procedure -- Determination of Remedial Measures -- Assessment of General Measures in Friendly Settlement Judgments -- Adjournment and Striking Out of Applications -- Conclusion -- Pilot Judgments -- Index of Case-Law -- List of Literature -- List of Council of Europe-Documents -- Index.