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The Application of the Pilot Judgment Procedure and Other Forms of Handling Large-Scale Dysfunctions in the Case Law of the European Court of Human Rights

In: International Community Law Review
Author:
Jakub Czepek Cardinal Stefan Wyszyński University in Warsaw

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Abstract

Over the years, the Pilot Judgment Procedure has become a common element of the Strasbourg landscape. Since the first pilot judgment in the case of Broniowski v. Poland in 2004, the procedure is now a well-recognised mechanism for solving systemic and structural problems. Nevertheless, it is not the only measure of solving large-scale dysfunctions arising from the legal systems of States Parties to the European Convention on Human Rights. The European Court of Human Rights (ECrtHR) has developed several mechanisms designed to eradicate systemic and structural problems, such as: Quasi-Pilot Judgments, Third Tier Judgments, Simplified Committee Procedure, Grouped Judgments, Joined Judgments, Judgments of Principle, and other methods, concerning mostly effective “Case-Management”. This article presents and analyses these methods used by the ECrtHR in order to eliminate structural and systemic problems and dysfunctions.

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