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Geir Ulfstein and Andreas Zimmermann

1 Introduction In an, at least so far, largely unnoted judgment of 12 October 2017, in the case of Burmych and Others v. Ukraine , 1 the Grand Chamber of the European Court of Human Rights (‘ECtHR’) rejected more than 12,000 applications originating from Ukrainian applicants. It did so

Dominik Haider

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.

Heike Krieger

Journal of International Peacekeeping 13 (2009) 159–180 © Koninklijke Brill NV, Leiden, 2009 DOI 10.1163/187541109X403025 www.brill.nl/joup J O U P A Credibility Gap: Th e Behrami and Saramati Decision of the European Court of Human Rights Heike Krieger * Free University of Berlin, Faculty of

Vincenzo Starace

The Law and Practice of International Courts and Tribunals 5 : 183–192, 2006 © 2006 Koninklijke Brill NV, Leiden, The Netherlands . MODIFICATIONS PROVIDED BY PROTOCOL NO. 14 CONCERNING PROCEEDINGS BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS V INCENZO S TARACE I. I NTRODUCTION The restructuring

Ineta Ziemele

purpose, as the Court points out, it is guided by the relevant principles determined by the ICJ in the North Sea Continental Shelf cases. This is however a delicate exercise. On the one hand, strictly speaking, the European Court of Human Rights does not have a jurisdiction to establish the existence of

Marianne Lamour

The Concept of the Rule of Law and the European Court of Human Rights (Oxford: Oxford University Press, 2013), pp. i–xxi + 235, isbn : 9780199671199. A few years ago, our constitutional law professor confided to the first-year students, which we were at the time, that using the words “Dicey

Series:

Edited by Council of Europe/Conseil de l'Europe

This volume of the Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2003. Part one contains information on the Convention. Part two deals with the control mechanism of the European Convention on Human Rights: selected judgments of the European Court of Human Rights and human rights (DH) resolutions of the Committee of Ministers; part three groups together the other work of the Council of Europe in the field of human rights, and includes the work of the Committee of Ministers, the Parliamentary Assembly and the Directorate General of Human Rights; part four is devoted to information on national legislation and extracts from national judicial decisions concerning rights protected by the Convention. Appendix A contains a bibliography on the Convention, and Appendix B the biographies of the new judges elected to the European Court of Human Rights.

Splitting the Baby

Incidental Review of United Nations Security Council Resolutions by the European Court of Human Rights

Arman Sarvarian

’) and Switzerland’s implementing regimes were impugned in the Nada 6 and al-Dulimi 7 cases before the European Court of Human Rights (‘ECtHR’ or ‘Strasbourg Court’). Against this background, this article seeks to contribute to the wealth of literature analysing the procedural problems arising from

Reflections on Jaloud v. the Netherlands

Jurisdictional Consequences and Resonance in Dutch Society

Friederycke Haijer and Cedric Ryngaert

Organization for Scientific Research under the vidi Scheme. 1 Introduction On 20 November 2014, the Grand Chamber of the European Court of Human Rights (ECtHR) in Jaloud v. the Netherlands 1 held that the Netherlands had failed to adequately investigate the circumstances surrounding the death of an