Human Rights Protection Begins and Ends at Home: The 'Pilot Judgment Procedure' Developed by the European Court of Human Rights
SourceHuman Rights Law Commentary
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This article analyses the 'pilot judgment procedure'developed by the European Court of Human Rights (after the adoption of the 'reform package'of measures in May 2004, including Protocol No. 14 to the European Convention on Human Rights) in an attempt to tackle the phenomenon of 'repetitive'or 'clone'cases. These are applications (mainly coming from the new member states of Council of Europe) deriving from a structural or systemic situation in the respondent member state, which generates large numbers of, by definition, well-founded cases. The purpose of designating a case for the 'pilot-judgment procedure'is to process cases that violate the European Convention on Human Rights promptly and effectively. This article identifies the main characteristics and elements of this procedure and the principles applied by the Court when delivering pilot judgments.