CEU Electronic Theses and Dissertations, 2016
| Author | Pistriak, Daria |
|---|---|
| Title | Non-enforcement of domestic judgments as a human rights violation in the jurisprudence of the European Court of Human Rights: tackling systemic problems in Moldova, Russia and Ukraine |
| Summary | The present thesis is dedicated to the question of effectiveness of the pilot judgment procedure developed by the European Court of Human rights to tackle systemic problems. To try to answer this question it examines three 2009 pilot judgments – against Moldova, Russia and Ukraine – regarding the violations of Articles 6 (1) and 13 of the Convention as well as Article 1 of Protocol 1 on account of the non-enforcement of domestic judgments. The thesis, first, provides an analysis of the development of the Court’s jurisprudence regarding the right to enforcement of a judgment and how it was influenced by the accession to the Convention of the Central and Eastern European states. Further, it examines in detail the three pilot judgments, focusing on the Court’s orders in respect of general measures and their execution by the respondent Governments. Based on this analysis it will show that, while the pilot judgment procedure can be effective in some cases, in other cases it has limited impact which is highly dependent on the nature of the problem at stake. In particular, it is better suited to tackle more straightforward violations rather than complex and multifaceted ones. Moreover, its application, while having a good intention of helping a State to cope with a human rights problem, can “backfire” on the populations. The thesis will conclude that out of three counties under scrutiny only one – Moldova – can be said to have successfully implemented the pilot judgment. This will illustrate the problem that where the respondent State fails to implement a pilot judgment, the authority of the Court and the effectiveness of the whole Convention system are severely undermined. Clearly, the pilot judgment procedure has a potential, but there is a need in constant improvement and more experience in the coming years to ensure its effectiveness. |
| Supervisor | McBride, Jeremy |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/pistriak_daria.pdf |
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