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Wołąsiewicz, Jakub and Balcerzak, Michał (2008) The pros and cons of the European Court of Human Rights pilot judgment procedure. EHRAC bulletin (10). pp. 5-6.
The ECtHR has applied the pilot judgment procedure in two cases against Poland: Broniowski (No. 31443/96 25/9/05) (for the first time ever) and Hutten-Czapska (No. 35014/97 GC 28/4/08). In both cases the underlying causes of the ECHR violation were found in systemic deficiencies of the legislation in connection with dysfunctional domestic practice. Having regard to the systemic cause of the violation, the ECtHR held that its consequences concerned not only the applicants in the above-mentioned cases, but also applicants with pending ECtHR cases and potential applicants. This article explores the concept of pilot judgments, which is at the heart of the debate relating to the stronger implementation of the ECHR at the domestic level.
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