Effective Domestic Remedies and the European Court of Human Rights Applications of the European Convention on Human Rights Article 13
Book contents
- Effective Domestic Remedies and the European Court of Human Rights
- Effective Domestic Remedies and the European Court of Human Rights
- Copyright page
- Contents
- Figures
- Preface
- Acknowledgments
- Citations of Case Law
- Abbreviations
- 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
5 - Relationship with the Rule on Exhaustion of Domestic Remedies
Published online by Cambridge University Press: 11 August 2022
Book contents
- Effective Domestic Remedies and the European Court of Human Rights
- Effective Domestic Remedies and the European Court of Human Rights
- Copyright page
- Contents
- Figures
- Preface
- Acknowledgments
- Citations of Case Law
- Abbreviations
- 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
Summary
Chapter 5 analyzes the relationship between the international admissibility criterion on the exhaustion of domestic remedies and the right to an effective remedy in Article 13. Event though there is close affinity between the rules, the Court has never, in the abstract, explained whether the requirements of effectivenes, arising under both rules, are the same. However, as the chapter explains, several factors speak for a different threshold and evaluation of the required effectiveness.
- Type
- Chapter
- Information
- Effective Domestic Remedies and the European Court of Human RightsApplications of the European Convention on Human Rights Article 13, pp. 86 - 91Publisher: Cambridge University PressPrint publication year: 2022