The first Infringements proceedings within the European system of Human rights
Résumé
The aim of this article is to explore why, in the Ilgar Mammadov v Azerbaijan case, the use of infringements proceedings has been possible for the first time in the history of the organisation. It will show that the identity of the applicant himself, of the state, as well as the political context, have made possible this first use, rather than it being the consequence of a new strategy adopted by the Committee of Ministers. It will conclude that the European Court of Human Rights is being used here as one of the last bastions in defending the credibility of the Council of Europe in the context of the biggest scandal the organisation has ever faced.