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12 J. Hist. Int'l L. 267 (2010)
The Evolution of the Right of Individuals to Seise the European Court of Human Rights

handle is hein.journals/jhintl12 and id is 275 raw text is: IHOFF                                                           JHIL
N-RLI S                                     a -20) Journal of the History of International Law 12 (2010) 26brililjhi
The Evolution of the Right of Individuals to Seise the
European Court of Human Rights
Astrid Kjeldgaard-Pedersen*
Doctoral Candidate, Aarhus University, Aarhus, Denmark
Introduction
In at least two ways the year 2009 was a milestone for the European Court
of Human Rights (ECtHR, the Court). On the bright side, the Court could
celebrate its 5oth anniversary and its continuous role as principal promoter
of human rights in the 47 Member States of the Council of Europe (CoE,
the Council). However, 2009 was also the year in which the number of
pending cases before the Court passed the disturbing IOO ooo benchmark.'
Paradoxically, the main reason for both the Court's success and its cur-
rent crisis is the right of petition of individuals. The present article contains
a detailed inquiry into the coming into existence of this central feature of
the control machinery of the European Convention for the Protection of
Human Rights and Fundamental Freedoms (ECHR, the Convention)
* The author wishes to thank the Central Archives of the Council of Europe for kind
assistance, and Professor Dr.jur. Jens Hartig Danielsen for comments on an earlier draft.
0 See for example the statements about the imperative need for reform made by President
Jean-Paul Costa at the opening of the judicial year on 30 January 2009 (available at <www.
echr.coe.int>). As is well-known, the intended cure for the Court's backlog of cases, Protocol
14, was delayed for several years because Russia declined to ratify it. Even though Protocol
14 finally entered into force on t June zoo, it is far from certain that the reform it entails
will be sufficient.

© Koninklijke Brill NV, Leiden, 2010

DOI: 10. 1163/1571805 10X530149

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