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5 - Relationship with the Rule on Exhaustion of Domestic Remedies

Published online by Cambridge University Press:  11 August 2022

Michael Reiertsen
Affiliation:
Borgarting Court of Appeals, Norway
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Summary

Chapter 5 analyzes the relationship between the international admissibility criterion on the exhaustion of domestic remedies and the right to an effective remedy in Article 13. Event though there is close affinity between the rules, the Court has never, in the abstract, explained whether the requirements of effectivenes, arising under both rules, are the same. However, as the chapter explains, several factors speak for a different threshold and evaluation of the required effectiveness.

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Effective Domestic Remedies and the European Court of Human Rights
Applications of the European Convention on Human Rights Article 13
, pp. 86 - 91
Publisher: Cambridge University Press
Print publication year: 2022

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