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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Pilot-Judgement Procedure of the European Court of Human Rights

ISBN13: 9789004246416
Published: April 2013
Publisher: Martinus Nijhoff Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £117.00

Despatched in 10 to 12 days.

Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis.

The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights.

After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.

Human Rights and Civil Liberties
Table of Contents
A. Introduction
1. The Underlying Problem
2. The Steps of Examination to be Conducted
B. Context and Development of the Pilot-Judgment Procedure
3. Overview
4. Judicial Development Leading to Pilot Judgments
5. Political Context and Development
6. Conclusion
C. Elements of the Pilot-Judgment Procedure
7. Overview
8. Definitions
9. The Elements of the Pilot-Judgment Procedure
10. Conclusio
D. The Contracting States’ Obligations under the Convention
11. Overview
12. Obligation to Implement the Convention
13. Obligations to Abide by Judgments of the Court
14. Pilot Judgments: A New Approach to Redress?
E. The Court’s Competences
15. Overview
16. Pilot Judgments and the Individual Complaints Procedure
17. Determination of Remedial Measures
18. Assessment of General Measures in Friendly Settlement Judgments
19. Adjournment and Striking Out of Applications
F. Conclusion
1. Pilot Judgments
2. Index of Case-Law
3. Literature
4. Other Documents