Published: 1 Dec 2008 | By Jakub Wołąsiewicz and Michał Balcerzak

The pros and cons of the European Court of Human Rights pilot judgement procedure


Pilot judgements have thus far been applied in two cases against Poland, where the ECtHR has recognised systemic deficiencies of legislation as the underlying cuase of ECHR violations. Such judgements are designed to ensure the implementation of the ECHR at domestic level, and to apply to pending and potential cases.

However, the procedure also has certain shortcomings, with doubts being raised as to its legitimacy. In this article, Jakub Wołąsiewicz and Michał Balcerzak argue for a clarification and simplification of the pilot judgement procedure. To read their full argument, click on the link below.