Year
2019
Volume
13
Number
2
Page
73
Language
English
Court
Reference
L.R. GLAS, “The Execution Process of Pilot Judgments before the Committee of Ministers”, HRILD 2019, nr. 2, 73-98
Recapitulation
This article describes and analyses four aspects of the execution process of pilot judgments before the Committee of Ministers of the Council of Europe. The first aspect is how successful the pilot judgments have been in the sense that they contributed to finding a solution for the structural human rights problem that the Court addressed in its judgment. Second, the execution problems that the States face when executing a pilot judgment are outlined. Third, this article draws a comparison between what the European Court of Human Rights and the Committee of Ministers require of the respondent State. Fourth, the communications about execution that third parties may submit are studied. Before turning to these aspects, this article introduces what the obligation to execute a judgment entails, how the Committee of Ministers goes about its task of supervising the execution of a judgment and what the features of a pilot judgment are. This article relies on the documents adopted in the course of the 28 pilot judgment procedures that the European Court of Human Rights has set in motion since it adopted its first pilot judgment in 2004.