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The "Pilot-Judgment" Procedure Of The European Court Of Human Rights

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Chapter Summary

This chapter focuses on &t;pilot-judgment&t; procedure of the European Court of Human Rights, which must be viewed as one of the possible means to help the Court in coping with its overwhelming case-load. The adoption of this procedure also raises interesting questions. Firstly it brings to the forefront issues concerning the legal basis of the procedure, namely questions of legal reasoning and interpretation. Secondly, it raises issues concerning the borderline between the judicial powers of the Court, as defined by the Convention and the Committee of Ministers and of the national authorities in the respective countries, especially in the light of the subsidiary role of the Convention and the Court, as institutions under public international law. Two judgments of the ECHR casting light on the application of the pilot-judgment procedure, namely Broniowski v. Poland and Hutten-Czapska v. Poland are also discussed in the chapter.

Keywords: Broniowski case; European Court of Human Rights; Hutten-Czapska case; pilot-judgment procedure

10.1163/ej.9789004162365.i-728.274
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