PART 2: How to Bring a Case to the Court
This case dealt with the forced disappearance of a journalist who raised awareness about the lack of freedom of speech in Ukraine. The Committee of Ministers
required the respondent State to amend their laws in order to guarantee the independence of investigative bodies.309
A very special general measure is the pilot judgment procedure. The Court developed this type of procedure in order to deal with large groups of identical cases that
stem from the same structural problem. If the Court receives a significant number
of applications deriving from the same root cause, it can select one or more cases
for decision while putting on hold the rest of the similar cases. In this decision,
i.e. the pilot judgment, the Court tries to find a solution that extends beyond the
particular facts of the single case. Usually a pilot judgment contains significant
changes in national legislation. Such a pilot judgment aims at supporting national
authorities in eliminating the structural problems and in remedying human rights
violations. The Court, for instance, applied the pilot judgment procedure in the case
of Torreggiani and Others v. Italy,310 which addressed the systemic dysfunction of the
Italian prison system. Several hundred applications against Italy were pending
before the Court alleging inhuman prison conditions because detainees only had
3 square meters of personal space in their prison cell. In its judgment, the Court
asked the national authorities to put in place within one year, preventive and compensatory remedies that are able to redress the overcrowding in Italian prisons.311
General measures are not claimed by the applicant, but are raised ex officio by the
Court or the Committee of Ministers.
2.2 Admissibility
2.2.1 Introduction
Before the Court considers an application on the merits, the applicant must satisfy
a number of admissibility criteria. The Court’s standing and admissibility rules are
contained in Articles 34 and 35 of the Convention. These rules constitute a de facto
filtering mechanism by means of which the Court removes a large number of cases
309 Gongadze v. Ukraine, no. 34056/02, Committee of Ministers, ResDH (2008)35, 5 June 2008.
310 Torreggiani and Others v. Italy, nos. 43517/09, 46882/09, 55400/09, 57875/09, 61535/09, 35315/10 and
37818/10, 8 January 2013.
311 Ibid., § 99. Further reading on the pilot judgment proceudre: Philip Leach, Helen Hardman and
Svetlana Stephenson, “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”, in Human Rights Law Review, vol. 10, 2010, pp. 346–359; Antoine Buyse, “The Pilot Judgment
Procedure at the European Court of Human Rights: Possibilities and Challenges”, in The Greek
Law Journal, vol. 57, 2009, pp. 1890–1902; Markus Fyrnys, “Expanding Competences by Judicial
Lawmaking: The Pilot Judgment Procedure of the European Court of Human Rights”, in German
Law Journal, vol. 12, 2011, pp. 1231–1259.
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