Right to an effective remedy

Question 1

What is it?

Answer 1

Aim - To provide individuals with means of obtaining relief at national level before going to the ECtHR

How? It guarantees the processes with the national order

Article 13 is independent! Must not be pleaded in connection to another article

The nature of right impacts on the type of remedies which should be available

Question 2

What is the scope?

Answer 2

1. Arguable complaint

2. Ineffective remedy by national authority

Question 3

What is ‘arguable complaint’?

Answer 3

1. A prima facie case must be made

2. That is a given if the case already passed the admissibility stage

Question 4

What is an ‘ineffective remedy’?

Answer 4

1. MS have discretion - Margin of appreciation
2. Effective in law and in practice
3. Independent and impartial tribunal
   (not necessarily judicial)
4. Does not need to offer certainty of a favorable outcome, but the possibility of it
5. Within a reasonable time - Otherwise compensation
6. Right to an effective investigation + effective access to the investigation procedures (also for relatives)
   (7. ) Automatic suspensive effect in deportation cases

Question 5

If violation, what happens?

Answer 5

1. Compensation! Also if excessive delays

2. Adjustment of national proceedings

Question 6

Does parliamentary immunity violate the Convention?

Answer 6

A. v. the UK:

1. No because necessary for public interests of free speech in Parliament and the separation of powers
2. No because consensus