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from Part I - The Procedural Aspect of the Growing Influence of Private Foundations on the European Human Rights Justice System
Published online by Cambridge University Press: 06 October 2020
Chapter 3 analyses the influence of private foundations on the outputs of the ECtHR and the CJEU. This influence includes the tendency for both courts to deliver judgments on cases taken by the OSJI and the NGOs funded by private foundations and to rely in their judgments on documents and reports made by private foundations and the NGOs. The most convenient way for private foundations to bring about social change and to have substantial impacts on national policies is to take significant cases to the European Courts and to obtain pilot judgments, judgments delivered by the ECtHR under Article 46 ECHR and landmark judgments rendered by the CJEU. We analyse and detail the execution of such judgments obtained over fifteen years by NGOs and private foundations. The influence of private foundations and NGOs also includes their increased involvement in the monitoring of the execution of judgments by member states. Furthermore, a private organisation (Judgment Watch) has recently been created and funded by a private foundation, the OSF, to support, monitor and promote the implementation of the most significant ECtHR judgments litigated by the OSJI and NGOs.
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