Can the European Court's Pilot Judgment Procedure Help Resolve Systemic Human Rights Violations? Burdov and the Failure to Implement Domestic Court Decisions in Russia
Bibliographic Data
| ID | 7801224 |
|---|---|
| Authors | P Leach (London Metropolitan University), Helen Hardman (AIL Research (United States)), Svetlana Stephenson (0000-0001-5249-8160, London Metropolitan University), Stephenson |
| Year | 2010 |
| Volume | 10 |
| Issue | 2 |
| Pages | 346-359 |
| Publication date | 2010-06-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Human Rights Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1461-7781 • E-ISSN: 1744-1021 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/hrlr/ngq011 |
| OpenAlex | W1979573884 |
| Language | EN |
| Citations received | 5 |
Pity poor Anatoliy Burdov! He has had to take the protracted route to Strasbourg—not once, but twice—in trying to uphold his rights. It is more than 20 years since he was called up by the military authorities to help clear up after the Chernobyl disaster. His fight for state benefits—due to him because of his exposure to radioactive emissions—still continues. The European Court of Human Rights (ECtHR) delivered judgment in his first case in 2002, and, in the second case in 2009, Burdov gave his name to the first ‘pilot’ judgment against Russia. He is still, even now, waiting for the Russian Government to comply with the decision. This article analyses not only these cases, and how the Russian authorities responded to them, but also the European Court’s new ‘pilot judgment procedure’, aimed at resolving the most intractable human rights violations occurring on the continent.1 Fashioned out of the ECtHR’s case law, the pilot judgment procedure has had a slow and uncertain start, since its inception in the case of Broniowski v Poland2 in 2004. However, with the ECtHR delivering four more ‘pilot judgments’ in 2009, the signs are that the procedure is ‘coming of age’. Through the prism of Burdov’s case, we attempt in this article to discern the effectiveness of pilot judgments in tackling systemic human rights violations.
Court decision · Human rights · Political science · European and International Law Studies · European Criminal Justice and Data Protection · Judicial and Constitutional Studies · Law
| Citations per year | 0.36 |
|---|---|
| Citation span | 2012 - 2026 (15) |
| Highly cited | No |