Pilot Judgement Procedure Flashcards
1
Q
What is the Pilot-Judgement Procedure?
A
- Art. 46 and R.61
- To afford speedier redress for victims
- To afford systemic redress for victims
- For a reduction of case load on the Court
2
Q
What are the stages of the PJP?
A
- Identification of a structural problem
- Indication of the remedial measures which the MS must adopt
- Adjourn similar cases
3
Q
1st stage - Identification of a structural problem (Burdov v. Russia)
A
- Dysfunction is acknowledged by the MS
- Recurrent and persistent
- Large number of people affected
- Urgent need to provide redress
4
Q
2nd stage - Remedial measures
A
- The state indicates the remedial measures which the state must adopt
- The Court chooses a time limit for the adoption of said measures
5
Q
3rd stage - Similar cases
A
- Similar cases are adjourned
- These cases will be reconsidered once the time limit for implementation of measures has been reached
- The pending cases will still be considered (otherwise it’s unfair)