Using the Principle of Subsidiarity at the Expense of the Right to Individual Application

In recent years, the ECHR has dealt with quasi-identical cases related to structural problems in Member States. The pilot procedure is designated to identify these structural issues and obligates the State to take remedial measures. However, recently, the Court has been hesitant to apply this procedure to Turkey. This paper aims, firstly, to reflect on the Court’s reasons for deciding to dismiss, for failure to exhaust domestic remedies, the cases that arrived after the attempted coup d’état in Turkey, versus its actions in the recent cases arising out of Ukraine. Secondly, it discusses the effects of the margin of appreciation enjoyed by Turkey, in this case. Ultimately, inaction by the Court can weaken the principle of rule of law, causing conflict between national courts. The paper will call into question how the approach adopted by the Court can compromise the execution of judgments at the national and supranational level, as well as the right to individual application.