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1 results

  • 3 - The Requirement of Effectiveness in Abstract

  • Michael Reiertsen
  • Book:
    Effective Domestic Remedies and the European Court of Human Rights
    Published online:
    11 August 2022
    Print publication:
    25 August 2022, pp 28-44

  • Summary

    Chapter 3 explains how any evaluation of effectiveness requires the measurement of goal realization. In order to understand what an effective remedy is and could be, it is thus necessary to know the purposes the effective remedy is to serve. The chapter proceeds by explaining how remedies may have different purposes which are connected to different functions in different manners. Further, even though the Court's case law reveals that Article 13 advocates a specific form of access to justice and that the primary purpose of the required redress is to correct individual justice, it remains uncertain to what extent Article 13, also, promotes other functions and purposes, for example, to what extent the access to justice required by Article 13 has independent procedural value apart from being a prerequisite for achieving redress, to what extent Article 13 must promote general and/or individual deterrence, and to what extent Article 13 has a function of promoting and regulating the relationship between the domestic and international levels by promoting, for example, subsidiarity and the rule of law.