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13 - Conclusions and Recommendations

Published online by Cambridge University Press:  11 August 2022

Michael Reiertsen
Affiliation:
Borgarting Court of Appeals, Norway
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Summary

Chapter 13 summarizes important findings and offer two recommendations to the Court with regard to how Article 13 could be developed: (1) The Court should engage in more and stricter procedural review by controlling and setting out requirements with regard to how domestic remedial authorities must consider whether the Convention has been violated. To this end, the Court should make more use of Article 13. The counterpart of the increased procedural review should be less substantive review. (2) The Court should engage in more principled and abstract reasoning concerning Article 13, in particular the required form of redress. More principled and abstract reasoning stands in contrast to concreteness. It provides guidance, but allows for flexible implementation in different domestic legal systems.

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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. 277 - 300
Publisher: Cambridge University Press
Print publication year: 2022

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