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Responding to Systemic Human Rights Violations - An Analysis of 'pilot Judgments' of the European Court of Human Rights and Their Impact at National Level (Paperback)
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Responding to Systemic Human Rights Violations - An Analysis of 'pilot Judgments' of the European Court of Human Rights and Their Impact at National Level (Paperback)
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In 2004, as a response to widespread structural or endemic human
rights violations, the European Court began to issue pilot
judgments, the aim of which was not only to exert further pressure
on national authorities to tackle systemic problems, but also to
stop the European Court itself from being inundated with the same
types of cases. Fashioned out of its own case law, and underpinned
by the principle of subsidiarity, the Court has broken new ground
with its pilot judgment procedure, both in terms of its diagnosis
of the causes of systemic human rights violations and the extent to
which it is prepared to direct States to legislate, or take other
steps, to resolve them. This study - supported by the Leverhulme
Trust - analyzes the principal characteristics of the pilot
judgment procedure and its application in key cases. With case
studies on Poland, Slovenia, and Italy, a particular focus of the
work is the adequacy of the response of national authorities to
pilot judgments. The book draws conclusions about the effectiveness
of the procedure as a means of tackling systemic violations and
makes recommendations for its further development.
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