Back-up plans in pilot-judgments?

The Court has delivered a pilot-judgment last week in the case of Maria Atanasiu and Others v. Romania. In completing the requirements of the pilot-judgment procedure the Court also decided to adjourn consideration of all the applications stemming from the same general problem for eighteen months from the date on which the present judgment becomes final, pending the adoption by the Romanian authorities of measures capable of offering adequate redress to all the persons affected.

As I understand, with the eighteen months limit the Court tries to ensure the access of the applicants to the Court in case the state doesn’t implement the general measures. In that event the Court will restart examining the cases that were adjourned. To my mind, it is nice that the Court is willing to take care of access concerns, but this praxis has some very negative aspects. Continue reading