Beyond Adjudication: European Court of Human Rights Pilot Judgment’s Role in Shaping Albanian Legislation
Beyond Adjudication: European Court of Human Rights Pilot Judgment’s Role in Shaping Albanian Legislation

Author(s): Iva Terova (Pendavinji)
Subject(s): Social Sciences
Published by: Udruženje ekonomista i menadžera Balkana
Keywords: ECtHR; Pilot judgment; Property; Impact; Legislation; Structural dysfunction
Summary/Abstract: Attempting to address systemic violations of human rights on the domestic level, pilot judgments impose an obligation on States to take remedial measures to prevent vast numbers of repetitive applications or clone cases before the European Court of Human Rights (ECtHR or the Court). Accordingly, they serve as catalysts by fostering transformative changes within a state’s legal framework and aligning domestic law with the European Convention of Human Rights standards. The paper aims to analyze the procedure and features of pilot judgments, enshrined in Rule 61 of Rules of Court. Delving on ECtHR case law, it gives a brief overview of the pilot judgment procedure adopted for Albania’s structural dysfunction of non-compensation for properties nationalized during the communist regime in Manushaqe Puto and others v. Albania. Furthermore, the effectiveness of remedies undertaken by the Albanian authorities is assessed. The paper concludes by emphasizing the proactive role played by the ECtHR in shaping Albania’s legislation and hence advancing the protection of property rights.

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