Effective Domestic Remedies and the European Court of Human Rights: Applications of the European Convention...

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Michael Reiertsen

Effective Domestic Remedies and the European Court of Human Rights

Applications of the European Convention on Human Rights Article 13

Michael Reiertsen

$179.95

Hardback

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English

Cambridge University Press
25 August 2022

Violence in society; Human rights; International human rights law; International humanitarian law; Human rights & civil liberties law

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.

By: Michael Reiertsen
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Edition: New edition
Dimensions: Height: 235mm, Width: 157mm, Spine: 25mm
Weight: 670g
ISBN: 9781009153546
ISBN 10: 1009153544
Pages: 352
Publication Date: 25 August 2022
Audience: General/trade , ELT Advanced
Format: Hardback
Publisher's Status: Active

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).