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Original article (peer-reviewed)

Journal Interdisciplinary Journal of Human Rights Law
Volume (Issue) 8(1)
Page(s) xx - xxxx
Title of proceedings Interdisciplinary Journal of Human Rights Law

Abstract

The pilot judgment procedure emerged from the jurisprudence of the European Court of Human Rights. Introduced a decade ago, it has been used to address the problem of repetitive cases. This article will investigate the procedure’s creation through the prism of the Vienna Convention on the Law of Treaties. It will then ana-lyze its subsequent institutionalization and application in the case law. This analysis will illustrate the structural changes generated by the procedure, and examine the reasons undermining its effec-tiveness. The pilot judgment procedure has been tainted by a ten-sion between the Court’s traditional function of administrating “individual” justice and its occasional dispensing of “constitution-al” justice. The pilot judgment procedure bears the traits of the latter. Moreover, as a mechanism established without a formal amendment, it lacks the explicit consent of the states. This deficit creates complications with regard to its enforcement, and there-by jeopardizes its own success.
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