The Official Journal for College of Law and Political Science, Alnoor University

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

Document Type : Original Article

Author

College of Law\ Alnoor University

Abstract
The term "model judgment" refers to an action taken by theEuropean Court in response to the growing number ofcomplaints being submitted to the court. These complaintsare typically based on the same violation of rightsguaranteed by the European Convention on Human Rights.Essentially، there is a "fundamental issue" within thedomestic legal system of the defendant state. In response،the court، under this procedure، determines the "generalmeasures" that the defendant state must adopt in order toswiftly resolve the "fundamental issue." The court obligesthe concerned state to implement an "internal appeal"process to address "repeated complaints" that have beenpostponed by the court until the required measures aretaken. This judgment differs from other rulings in terms ofits effects، as well as its distinct nature when compared toordinary judgments. The question then arises: to whatextent can one reconcile this distinctiveness with theprinciples governing the European Convention and thescope of the Court’s jurisdiction?.

Keywords

https://scholar.google.com/scholar?q=%2210.69513/jnfls.v1.i2.a1%22
  • Receive Date 03 December 2024
  • Revise Date 20 July 2025
  • Accept Date 30 April 2025
  • Publish Date 01 December 2024