The Legal Nature and Essence of Pilot Judgement Procedure in the European Court of Human Rights

Abstract

This article is devoted to the analysis of the legal nature and essence of the pilot judgments procedure in the European Court of Human Rights. The author explores the views of domestic and foreign scientists on the question of the legal nature, content and other aspects of the essence of the procedure of pilot judgments. The author concludes that initiation of the procedure of the pilot judgment does not cover and does not reflect all violations and related legal problems faced by the claimants, including those caused due to structural problems. The article also discusses the European Court properties acquired due to the application procedure of the pilot judgments, deficiencies in the legal framework of the procedure of pilot judgments and other issues related to the legal content of the considered procedure. The author notes that with the fixation of a pilot judgment mechanism the Court has given itself a new function - the ability to dictate state-defendants specific ways to address the violations of the Convention in the domestic legal system. In the final part of the article it is indicated that there is a need and necessity for further improvement and regulation of standards and provisions that would fully disclose the nature and paradigm of the procedure development.