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Effective Domestic Remedies and the European Court of Human Rights Michael Reiertsen

Effective Domestic Remedies and the European Court of Human Rights By Michael Reiertsen

Effective Domestic Remedies and the European Court of Human Rights by Michael Reiertsen


Condition - Very Good
Out of stock

Summary

An essential companion to any practitioner and academic working with human rights law, in particular the European Convention on Human Rights. Article 13 ECHR is the most important provision on remedies in the European context. Remedies have significant consequences for how any human right is secured and enforced.

Effective Domestic Remedies and the European Court of Human Rights Summary

Effective Domestic Remedies and the European Court of Human Rights: Applications of the European Convention on Human Rights Article 13 by Michael Reiertsen

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.

About Michael Reiertsen

Michael Reiertsen is judge in Borgarting Court of Appeals, Oslo, Norway. He is a former researcher and lecturer at the Faculty of Law, University of Oslo, and adviser in the Legislation department of the Norwegian Ministry of Justice. He served as expert in the Council of Europe Committee of Experts for the improvement of procedures of the protection of human rights (DH-PR) (2008 to 2012).

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.

Additional information

CIN1009153544VG
9781009153546
1009153544
Effective Domestic Remedies and the European Court of Human Rights: Applications of the European Convention on Human Rights Article 13 by Michael Reiertsen
Used - Very Good
Hardback
Cambridge University Press
2022-08-25
352
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - Effective Domestic Remedies and the European Court of Human Rights