Main Data
Author: Ulrike Deutsch, Rüdiger Wolfrum
Editor: Rudiger Wolfrum, Ulrike Deutsch
Title: The European Court of Human Rights Overwhelmed by Applications: Problems and Possible Solutions International Workshop, Heidelberg, December 17-18, 2007
Publisher: Springer-Verlag
ISBN/ISSN: 9783540939603
Edition: 1
Price: CHF 65.30
Publication date: 01/01/2009
Category: Politik, Gesellschaft, Arbeit
Language: English
Technical Data
Pages: 128
Kopierschutz: DRM
Geräte: PC/MAC/eReader/Tablet
Formate: PDF
Table of contents
The European Court of Human Rights is faced with a huge and ev- growing workload. Up until 1998, the Court pronounced only 837 judgments, while it rendered 4. 000 judgments in the last three years alone. On 18 September 2008, the European Court of Human Rights th delivered its 10. 000 judgment; currently, there are some 100. 000 cases pending before the Court. This enormous caseload is both a testimony to the Court's success and of the considerable threat posed to the eff- tiveness of the protection of the rights and freedoms guaranteed by the European Convention on Human Rights and its Protocols. Moreover, Protocol No. 14, which was intended to alleviate the problem by - creasing the efficiency of the Court, is still not in force. This publication is intended to contribute to the ongoing discussion about the reforms that are necessary to prevent a failure of the Eu- pean system of human rights protection. It compiles the contributions of a workshop which took place on 17-18 December 2007 at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg and the discussions following the presentations. The c- vening of this workshop was recommended by Christian Tomuschat. The conference brought together academics and practitioners and thus offered an excellent opportunity for the discussion of possible - proaches to the dilemma.
Table of contents
Table of Contents8
The European Court of Human Rights Overwhelmed by Applications: Problems and Possible Solutions10
I. Introduction10
II. The Growth of the Strasbourg System11
III. The Control Machinery of the ECHR  Through its Successes on the Brink of Failure17
IV. Improving the Control Machinery22
V. Concluding Observations25
Discussion Following the Presentation by Christian Tomuschat28
The Admissibility Stage: The Pros and Cons of a38
Outline of Main Points38
I. Facts and expectations38
II. Pre-conditions for an effective reform38
III. Arguments against a discretionary admission procedure (or a certiorari procedure)39
IV. Arguments for a discretionary admission procedure and further aspects of a radical reform39
V. Outlook40
Transcript of the oral presentation of Rudolf Bernhardt41
Discussion Following the Presentation by Rudolf Bernhardt46
The Interaction Between National Protection of Human Rights and the ECtHR60
Discussion Following the Presentation by Jochen Abr. Frowein64
Pilot Judgments in Cases of Structural or Systemic Problems on the National Level77
Discussion Following the Presentation by Luzius Wildhaber84
Fair Trial and Excessive Length of Proceedings as Focal Points of the ECtHRs Increasing Caseload100
A. Introduction100
B. Where Lies the Problem? Some Statistics100
C. How to Deal with the Problem?102
Discussion Following the Presentation by Mark Villiger110
Concluding Remarks127
List of Participants129