MultiRights Seminar: Legality, Legitimacy and Effectiveness of the Pilot Judgment Procedure of the European Court
PhD. candidate Nino Tsereteli will present the latest advances of her work.
The pilot judgment procedure is a judicial innovation developed as a part of efforts to handle an increasing number of repetitive applications. It allows the Court to identify systemic or structural problems underlying the pilot case as well as a large number of similar cases that are pending or may potentially be filed. It is one of the manifestations of the Court’s departure from the approach of self-restraint towards a more activist approach, expressed in indication of general measures and giving further guidance in a pilot judgment, so that all current and potential applicants with similar grievances have a possibility to get redress domestically. The presenter will share preliminary findings on legal basis, scope and limits of this new competence of the Court, categorization of pilot judgments, procedural challenges, relevance of ‘subsidiarity’ and ‘democracy’ considerations, etc. Various aspects of criticisms (both from academics and practitioners) towards the pilot judgment procedure will be addressed in the prism of legality, legitimacy and effectiveness and possible responses to these criticisms will be explored".
For more information on this seminar, please contact our project coordinator.