The role of the European Court of Human Rights Model Judgment in the development of legal protection mechanisms
Abstract
The model judgment is a procedure adopted by the European Court in response to the increasing number of complaints arising from the same violation of rights guaranteed by the European Convention on Human Rights. These recurring complaints indicate a fundamental issue within the domestic legal system of the respondent state. Through this procedure, the Court identifies general measures that the state must implement to address the core problem efficiently. Additionally, the state is required to establish an internal appeal mechanism to handle repeated complaints that have been postponed until corrective measures are taken. This type of judgment differs from ordinary rulings in its legal effects and unique characteristics. The key question remains: to what extent can this distinct nature be reconciled with the principles of the European Convention and the jurisdiction of the Court.
References
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