Effective Domestic Remedies and the European Court of Human Rights
Applications of the European Convention on Human Rights Article 13
- Author: Michael Reiertsen, Borgarting Court of Appeals, Norway
- Date Published: August 2022
- availability: Available
- format: Hardback
- isbn: 9781009153546
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In Malone v. UK (Plenary 1984), the right to an effective domestic remedy in the European Convention on Human Rights Article 13 was famously described as one of the most obscure clauses in the Convention. Since then, the European Court of Human Rights has reinforced the scope and application of the right. Through an analysis of virtually all of the Court's judgments concerning Article 13, the book exhaustively accounts for the development and current scope and content of the right. The book also provides normative recommendations on how the Court could further develop the right, most notably how it could be a tool to regulate the relationship between domestic and international protection of human rights. In doing so, the book situates itself within larger debates on the enforcement of the entire Convention such as the principle of subsidiarity and the procedural turn in the Court's case law.
Read more- The most comprehensive, exhaustive and elaborate legal analysis of the right to an effective domestic remedy in Article 13 ECHR, providing an easy, accessible and exhaustive overview of the requirements of an effective domestic remedy in Article 13 ECHR
- Combines analyses of case law and theory in order to provide recommendations on how to interpret the right to an effective domestic remedy in Article 13 ECHR
- Situates Article 13 ECHR within larger debates on the European Convention on Human Rights and the relationship between international and domestic protection of human rights, explaining how it could contribute to achieving a more subsidiary and effective protection and enforcement of human rights
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×Product details
- Date Published: August 2022
- format: Hardback
- isbn: 9781009153546
- length: 352 pages
- dimensions: 235 x 157 x 25 mm
- weight: 0.67kg
- availability: Available
Table of Contents
Preface
1. Setting the scene
2. Analysis and selection of case law
3. The requirement of effectiveness in abstract
4. Historical and statistical overview
5. Relationship with the rule on exhaustion of domestic remedies
6. Scope of application
7. The arguability test
8. A relative standard
9. General requirements and principles
10. Access to justice
11. Redress
12. A normative and contextual reading
13. Conclusions and recommendations
Bibliography
Index.
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