Expanding Competences by Judicial Lawmaking: The Pilot Judgment Procedure of the European Court of Human Rights

Abstract

The institutional design of the Strasbourg system that has evolved over the last decades is an expression of contemporary debates surrounding the system’s very nature and purpose. The current debate primarily bears on the range of choices that the Council of Europe faces in adapting to the changes in Europe, which largely have been caused by its expansion to cover nearly all post-Communist States of Central and Eastern Europe since the 1990s.

Research fellow at the Chair of Public Law and Philosophy of Law at the University of Mannheim. The author wishes to thank Armin von Bogdandy, Hans-Joachim Cremer, Isabel Feichtner, Ingo Venzke and the Dienstagsrunde at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg for their helpful comments and discussion. Comments are welcome at markus.fyrnys@web.de