The role of the European Court of HumanRights Model Judgment in the development oflegal protection mechanisms

Authors

  • Amjaad Ali جامعة النور Author

DOI:

https://doi.org/10.69513/jnfls.v1.i2.a1

Abstract

The term "model judgment" refers to an action taken by the
European Court in response to the growing number of
complaints being submitted to the court. These complaints
are typically based on the same violation of rights
guaranteed by the European Convention on Human Rights.
Essentially، there is a "fundamental issue" within the
domestic legal system of the defendant state. In response،
the court، under this procedure، determines the "general
measures" that the defendant state must adopt in order to
swiftly resolve the "fundamental issue." The court obliges
the concerned state to implement an "internal appeal"
process to address "repeated complaints" that have been
postponed by the court until the required measures are
taken. This judgment differs from other rulings in terms of
its effects، as well as its distinct nature when compared to
ordinary judgments. The question then arises: to what
extent can one reconcile this distinctiveness with the
principles governing the European Convention and the
scope of the Court’s jurisdiction?.

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Published

2024-12-20