MultiRights Seminar: Pilot Judgments of the European Court of Human Rights - Analysis of legality and legitimacy
Nino Tsereteli, PhD student connected with the MultiRights project, will present her work-in-progress at the MultiRights Seminar.
The research in progress concentrates on the practice of pilot judgments by the European Court of Human Rights as one of the most vivid manifestations of the expansion of the Court’s remedial powers. It analyzes the shift from a highly restrictive approach (under which the Court did not find itself authorized to order states to take measures to remedy the violations found) to a more activist one. Under the latter approach, the Court started indicating not only individual but also general measures in cases representative of broader systemic/structural or other problems at the domestic level and giving specific instructions to the states as to the changes to be made in their laws and administrative/judicial practices. The Court's case law will be analyzed with an emphasis upon a) the legal basis and scope of the Court’s expanded remedial powers (ranging from indication of the type of applicable remedies to specifying their content) and b) any possible limits to the exercise of such powers, either in terms of law or in terms of policy (including the principle of subsidiarity). In relation to each of these two components, the case law of the International Court of Justice, UN Human Rights Treaty Bodies and Inter-American system will be looked at, in the comparative perspective.
For more information, please contact our project coordinator.
Published Apr. 16, 2012 11:58 AM
- Last modified Oct. 13, 2014 10:51 AM