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DC Field | Value | Language |
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dc.date.accessioned | 2020-09-07T09:24:03Z | - |
dc.date.available | 2020-09-07T09:24:03Z | - |
dc.date.issued | 2004 | - |
dc.identifier.citation | Camilleri Podestá, D. (2004). The right to an effective remedy : an analysis of Article 13 of the European Convention on Human Rights (Master’s dissertation). | en_GB |
dc.identifier.uri | https://www.um.edu.mt/library/oar/handle/123456789/60276 | - |
dc.description | LL.D. | en_GB |
dc.description.abstract | Breaches of human rights should be remedied, us for as possible, in the country in which they occur. This is the raison d'etre of Article 13, which aims at making the European Convention on Human Rights effective in the legal order of States which have ratified it. The Article creates an international obligation incumbent on Contracting States to provide the appropriate means through which an individual may obtain relief in his domestic forum when his Convention rights are violated. This obligation is granted the status of an individual right which may be invoked before the Strasbourg Court. Article 13 illustrates the subsidiary function of the Strasbourg organs in the enforcement of Convention rights, as opposed to the primary obligation of Contracting States to secure to everyone within their jurisdiction the rights and freedoms enshrined in the Convention and to provide effective remedies for breaches of Convention rights. The role of the Strasbourg Court should be to supervise the implementation and enforcement of the Convention by national authorities, rather than to act as a court of first instance. Somewhat paradoxically, the Strasbourg institutions have interpreted the liberally drafted Article 13 in quite a restrictive manner. This approach did not only have negative effects on the individual applicant. It also had adverse effects on the international machinery of collective enforcement created by the Convention. Indeed, the backlog of cases before the Strasbourg institutions, particularly in matters relating to complaints of excessive judicial delays of national tribunals, is partly attributed to the Court's confined approach to Article 13. Recently however, necessity has prompted the European Court of Human Rights to broaden particular aspects of interpretation of the Article in order to counteract these problems. | en_GB |
dc.language.iso | en | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Civil rights -- Europe | en_GB |
dc.subject | Remedies (Law) -- European Union countries | en_GB |
dc.subject | Convention for the Protection of Human Rights and Fundamental Freedoms -- (1950 November 5) | en_GB |
dc.title | The right to an effective remedy : an analysis of Article 13 of the European Convention on Human Rights | en_GB |
dc.type | masterThesis | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.publisher.institution | University of Malta | en_GB |
dc.publisher.department | Faculty of Laws | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.contributor.creator | Camilleri Podestá, David | - |
Appears in Collections: | Dissertations - FacLaw - 1958-2009 |
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File | Description | Size | Format | |
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Camilleri Podesta_David_The right to an effective remedy_2004.pdf Restricted Access | 6.59 MB | Adobe PDF | View/Open Request a copy |
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