Burmych and ors v Ukraine, Judgment (striking out), 12th October 2017

Scott, D. (2018) Burmych and ors v Ukraine, Judgment (striking out), 12th October 2017. In: Oxford International Organization (OXIO). Oxford University Press.

Abstract

Burmych and ors v Ukraine, Judgment (striking out) (‘Burmych’) is the latest in a series of European Court of Human Rights (‘ECtHR’ or ‘Court’) judgments concerning the systemic non-enforcement of domestic judgments in Ukraine. Between 2004 and 2009, non-enforcement of domestic final judicial decisions accounted for more than 300 violations being found against Ukraine. In the face of these repeat violations, in 2009 the Grand Chamber gave its pilot judgment of Ivanov v Ukraine (‘Ivanov’). At that time some 1400 similar applications were pending before the Court (see Ivanov, paras 83 and 86; see also Appendix to Interim Resolution CM/ResDH(2008)1; and Interim Resolution CM/ResDH(2009)159). Ukraine was one of the states with the highest number of pending cases (see Pending Applications Allocated to a Judicial Formation). The pilot judgement procedure, whereby the Court identifies a case or cases that are thought to be exemplary, was created as a means to tackle the backlog of cases that the Court continues to face.

• Item Type: Book Sections (Encyclopaedia entry)
• Additional Information: OXIO 318.
• Keywords: Human rights, public international law, international organisations, Council of Europe, European Court of Human Rights, human rights remedies, principle of legality, discontinuance of cases, compliance monitoring in international organizations, practice and procedure of international organizations, enforcement in domestic courts.
• Status: Published
• Glasgow Author(s) Enlighten ID: Scott, Dr David
• Authors: Scott, D.
• College/School: College of Social Sciences > School of Law
• Publisher: Oxford University Press