Outline Lecture Effective Remedies KUIJER Martin. EJTN
Outline Lecture Effective Remedies KUIJER Martin [pdf]Paper  abstract   bibtex   
“..in order to guarantee full implementation of the Convention acquis in the domestic legal order, it is advisable for all branches of the State, including national courts and tribunals, to have regard to the Court’s settled interpretation of the Convention in cases against all High Contracting Parties. The effectiveness of a domestic remedy can be significantly enhanced if it is able to respond to the Court’s evolving interpretation of the Convention without waiting for this to be specifically reflected in the finding of a violation against the relevant High Contracting Party. When conducting proceedings and formulating judgments, domestic courts could (and should?) take into account the principles of the Convention”. And: “..It would appear possible to distinguish two broad types of general domestic remedies: on the one hand, the possibility for individuals in certain States Parties to rely on the provisions of the Convention before any judge in the course of litigation; and on the other, constitutional complaints. A form of general remedy may be seen in the fact that the Convention may be pleaded as a source of applicable law before several or even all courts or tribunals for the determination of a case. Such a system allows allegations of violation of Convention rights to be resolved at an early stage in proceedings

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