Constitutionalization of the European Court of Human Rights through “pilot judgments”?
Time: 1:00 PM - 2:00 PM
Professor Wojciech Sadurski
Professor Sadurski will discuss that the accession of Central and East European States into the European Convention of Human Rights system was both a threat and a promise to the system. His paper focuses on a promise: a possibility for the European Court of Human Rights to abandon once and for all the fiction of it being merely a sort of super-appellate court which scrutinizes individual decisions rather than laws in Member States. With the emergence of so-called “pilot judgments”, the way in which a national court may form a de facto alliance with the European Court effectively “pierces the veil of the State”, and positions the European Court as a quasi-constitutional judicial body at a pan-European level.
Wojciech Sadurski is Challis Professor in Jurisprudence in the University of Sydney. He also holds a position of Professor in the Centre for Europe in the University of Warsaw, and is visiting professor (in 2010 and 2011) at the University of Trento, Italy.
He was Professor of Legal Theory and Philosophy of Law in the Department of Law, European University Institute in Florence (1999- 2009). He also taught as visiting professor, at a number of universities in Europe, Asia and the United States. He has written extensively on philosophy of law, political philosophy and comparative constitutional law.
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