AİHM PİLOT KARAR USULÜ, İKİNCİLLİK PRENSİBİ VE YAPISAL ADALET

OpenAlex · İngilizce

The workload problem of the European Court of Human Rights (ECtHR) has been a key issue for the Council of Europe since the 1990s, leading to reforms through additional protocols. Protocol No. 11 aimed to enhance the individual application system and reduce the Court's workload. However, the continued increase in applications revealed its inadequacy, resulting in Protocol No. 14, which also focused on efficiency and workload. In 2010, Protocols No. 15 and 16 introduced further reforms, emphasizing subsidiarity, the margin of appreciation, and fostering dialogue between the Court and national authorities. These developments contributed to the restructuring of the monitoring mechanisms established by the Convention.The pilot judgment procedure emerged as one of the most notable results of this reform process. Beyond addressing workload issues, it transformed the Court into a mechanism prioritizing structural justice over individual justice. The study explores the historical development, legal basis, and features of this procedure, its philosophical connections to subsidiarity and structural justice, and critiques of its implementation.Ultimately, the study argues that the pilot judgment procedure is more than a response to the workload crisis. It aims to make the Court a transformative mechanism that provides structural and lasting solutions to human rights issues in member states, aligning with the goals of the Council of Europe and the European Convention on Human Rights.