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
Content
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
Foreword 6 Table of Contents 8 The European Court of Human Rights Overwhelmed by Applications: Problems and Possible Solutions 10 I. Introduction 10 II. The Growth of the Strasbourg System 11 III. The Control Machinery of the ECHR Through its Successes on the Brink of Failure 17 IV. Improving the Control Machinery 22 V. Concluding Observations 25 Discussion Following the Presentation by Christian Tomuschat 28 The Admissibility Stage: The Pros and Cons of a 38 Outline of Main Points 38 I. Facts and expectations 38 II. Pre-conditions for an effective reform 38 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 reform 39 V. Outlook 40 Transcript of the oral presentation of Rudolf Bernhardt 41 Discussion Following the Presentation by Rudolf Bernhardt 46 The Interaction Between National Protection of Human Rights and the ECtHR 60 Discussion Following the Presentation by Jochen Abr. Frowein 64 Pilot Judgments in Cases of Structural or Systemic Problems on the National Level 77 Discussion Following the Presentation by Luzius Wildhaber 84 Fair Trial and Excessive Length of Proceedings as Focal Points of the ECtHRs Increasing Caseload 100 A. Introduction 100 B. Where Lies the Problem? Some Statistics 100 C. How to Deal with the Problem? 102 Conclusion 108 Discussion Following the Presentation by Mark Villiger 110 Concluding Remarks 127 List of Participants 129
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